GIFT  OF 
oS? 


THE 


SCHOOL  LAW  OF  ILLINOIS 


ENACTED  BY  THE 


Forty-Sixth  General  Assembly 


ISSUED  BY 

FRANCIS  G.  BLAIR 

Superintendent  of  Public  Instruction. 


SPRINGFIELD,  ILLINOIS: 

ILLINOIS  STATE  JOURNAL  Co.,  STATE  PRINTERS 

1910 


THE 


SCHOOL  LAW  OF  ILLINOIS 


ENACTED  BY  THE 


Forty-Sixth  General  Assembly 


ISSUED  BY 

FRANCIS  G.  BLAIR 

Superintendent  of  Public   Instruction. 


SPRINGFIELD,  ILLINOIS: 

ILLINOIS  STATE  JOURNAL  Co.,  STATE  PRINTERS 

19  10 


L  ii  M 

133 

v-Vvo 


CIRCULAR  52, 


GENERAL  SCHOOL  LAW. 
AN  ACT  to  establish  and  maintain  a  system  of  free  schools. 

SECTION  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  rep- 
resented in  the  General  Assembly:  That  on  Tuesday  next  after  the  first 
Monday  in  November,  1910,  and  quadrennially  thereafter,  there  shall 
be  elected  by  the  qualified  voters  of  this  State  a  Superintendent  of  Public 
Instruction,  who  shall  hold  his  office  for  four  years  from  the  second 
Monday  in  January  next  after  his  election. 

§  2.  Before  entering  upon  his  duties  he  shall  take  and  subscribe  the 
oath  of  office  prescribed  by  the  Constitution,  and  execute  a  bond  in  the 
penalty  of  $25,000.00,  payable  to  the  People  of  the  State  of  Illinois, 
with  securities  to  be  approved  .by  the  Governor,  conditioned  upon  the 
faithful  discharge  of  his  duties.  Such  bond  and  oath  shall  be  deposited 
with  the  Secretary  of  State. 

§  3.    The  duties  of  the  Superintendent  of  Public  Instruction  shall  be: 

First — To  have  his  office  at  the  seat  of  government,  and  to  keep  a 
record  of  all  matters  pertaining  to  the  business  of  his  office. 

Second— To  file  all  papers,  reports  and  public  documents  transmitted 
to  him  by  the  school  officers  of  the  several  counties,  for  each  year  sepa- 
rately; and  to  keep  and  preserve  all  other  public  documents,  books  and 
papers  relative  to  schools,  coming  into  his  hands  as  Superintendent  of 
Public  Instruction. 

Third — To  supervise  all  the  common  and  public  schools  in  the  State. 

Fourth — To  counsel  and  confer,  in  such  manner  as  he  may  deem 
best,  with  experienced  and  practical  teachers  as  to  the  best  manner  of 
conducting  common  schools. 

Fifth — To  advise  and  assist  county  superintendents  of  schools,  address- 
ing to  them,  from  time  to  time,  circular  letters  relating  to  the  best 
manner  of  conducting  schools,  constructing  school  houses,  furnishing 
the  same,  and  examining  and  procuring  competent  teachers, 

Sixth — To  be  ex  officio  a  member  of  the  board  of  trustees  of  the 
Southern  Normal  University. 

Seventh — To  make  such  rules  and  regulations  as  may  be  necessary  to 
carry  into  efficient  and  uniform  effect  the  provisions  of  this  Act,  and  of 
all  laws  for  establishing  and  maintaining  free  schools  in  the  State. 

Eighth — To  be  the  legal  advisor  of  school  officers,  and,  when  requested 
by  any  school  officer,  to  give  his  opinion  in  writing  upon  any  question 
arising  under  the  school  laws  of  the  State. 

242857 


Ninth — To  hear  and  determine  all  controversies  arising  under  the 
school  laws  of  the  State,  coming  to  him  by  appeal  from  a  county  superin- 
tendent of  schools. 

Tenth — To  grant  certificates  to  such  teachers  as  may  be  found  qualified 
to  receive  them,  and  to  suspend  the  operation  of  any  State  certificate  for 
immorality  or  other  unprofessional  conduct. 

Eleventh — To  visit  such  of  the  charitable  institutions  of  the  State  as 
are  educational  in  their  character,  to  examine  their  facilities  for  instruc- 
tion, and  to  prescribe  forms  for  such  reports  as  he  may  desire  from  their 
superintendents. 

Twelfth — To  report  to  the  Governor,  on  or  before  the  1st  of  November, 
preceding  each  regular  session  of  the  General  Assembly,  the  condition 
of  the  schools  in  the  several  counties  of  the  State ;  the  number  of  schools 
which  have  been  taught  in  each  county  in  each  of  the  preceding  years., 
commencing  on  tjie  1st  of  July;  the  number  taught  by  men  and  women 
respectively;  the  number  of  pupils  in  attendance;  the  number  of  persons- 
in  each  county  under  21  years  of  age,  and  the  number  of  persons  between 
the  ages  of  12  and  21  years  unable  to  read  and  write;  the  amount  of 
township  funds;  the  amount  of  interest  on  the  State  or  common  school 
fund,  and  on  the  township  fund,  annually  paid  out;  the  amount  raised 
by  an  ad  valorem  tax;  the  amount  annually  expended  for  schools;  the 
number  of  school  houses,  their  kind  and  condition;  the  number  of 
townships  and  parts  of  townships  in  each  county;  the  number  of  books 
purchased  for  the  use  of  schools  and  the  cost  of  the  same;  the  value  of 
apparatus  purchased;  the  number  of  district  libraries;  together  with 
such  other  information  and  suggestions  as  he  may  deem  important  in 
relation  to  the  schools  and  school  laws,  and  the  means  of  promoting 
education  throughout  the  State;  which  report  shall  be  submitted  to  the 
General  Assembly  at  each  regular  session. 

§  4.  The  Superintendent  of  Public  Instruction  shall  have  the  follow- 
ing powers : 

First — To  designate  the  particular  statistics  relating  to  public  schools 
which  school  officers  are  required  to  report  to  the  county  superintendent 
of  schools. 

Second — To  authorize  the  county  superintendent  of  schools  to  procure 
such  assistance  as  may  be  necessary  to  conduct  teachers'  institutes. 

Third — To  require  the  county  superintendents  of  schools  to  furnish 
him  with  such  information  as  he  may  desire  to  include  in  his  report  to 
the  General  Assembly. 

Fourth — To  require  the  trustees  of  schools  of  each  township  to 
make,  at  any  time,  a  report  similar  to  that  required  of  trustees  of 
schools,  on  or  before  the  15th  day  of  July  preceding  each  regular  session 
of  the  General  Assembly. 

Fifth — To  require  annual  reports  from  the  authorities  of  townships, 
cities  or  districts  maintaining  schools  by  authority  of  special  charters. 

Sixth — To  remit,  upon  the  recommendation  of  the  county  superin-' 
tendent  of  schools,  or  for  other  good  and  sufficient  reasons,  the  forfeiture 
of  the  school  fund  by  any  township  which  may  have  failed  to  make  the 
reports  required  by  law. 


Seventh — To  require  the  Auditor  of  Pubic  Accounts  to  withhold  from 
the  county  superintendent  the  amount  due  his  county  from  the  State 
school  fund,  or  the  said  county  superintendent  for  Ms  compensation, 
until  the  report  provided  for  in  section  7  of  this  Act  shall  have  been 
furnished  as  therein  required. 

Eighth — To  request  the  president,  principal  or  other  proper  officer  of 
-every  organized  university,  college,  seminary,  academy  or  other  educa- 
tional institution,  whether  incorporated  or  unincorporated,  to  submit 
such  report  as  he  may  require,  in  order  to  lay  before  the  General  Assembly 
•a  full  exhibit  of  the  affairs  and  conditions  of  such  institutions  and  of 
the  educational  resources  of  the  State. 

Ninth — To  require  the  county  .superintendent  of  schools,  trustees, 
township  treasurer,  directors  or  other  school  officer  to  withhold  from 
any  township,  district,  officer  or  teacher  any  part  of  the  common  school 
township  or  other  school  fund,  until  such  treasurer,  officer  or  teacher 
shall  have  made  all  schedules,  reports  and  returns  required  of  him  by 
this  Act,  and  until  .such  officer  shall  have  executed  and  filed  all  official 
bonds  and  accounted  for  all  common  school,  township  or  other  school 
funds  which  have  come  into  his  hands. 

COUNTY  SUPERINTENDENT  OF  SCHOOLS. 

§  5.  On  Tuesday  next  after  the  first  Monday  in  November,  1910, 
and  quadrennially  thereafter,  there  shall  be  elected  by  the  qualified  voters 
of  every  county  in  this  State  a  county  superintendent  of  schools,  who 
shall  enter  upon  the  discharge  of  his  duties  on  the  first  Monday  of 
December  after  his  election. 

§  6.  Before  entering  upon  his  duties  he  shall  take  and  subscribe  the 
oath  prescribed  by  the  Constitution,  and  execute  a  bond  payable  to  the 
People  of  the  State  of  Illinois,  with  two  or  more  responsible  freeholders 
as  security,  to  be  approved  by  the  county  board  or  by  the  judge  and 
•clerk  of  the  county  court,  in  a  penalty  of  not  less  than  $12,000.00,  condi- 
tioned upon  the  faithful  discharge  of  his  duties.  The  bond  shall  be  in 
the  following  form,  to  wit : 
STATE  OF  ILUNOIS,  ] 

88, 

COUNTY,    j 

Know  All  Men  by  These  Presents:  That  we,  A  B,  C  D,  and  E  F,  are  held 
and  firmly  bound,  jointly  and  severally,  unto  the  people  of  the  State  of  Illi- 
nois, in  the  penal  sum  of  dollars,  to  the  payment  of  which  we 

bind    ourselves,    our  -heirs,    executors    and    administrators    firmly    by    these 
presents. 

In  witness  whereof  we  have  hereunto  set  our  hands  and  seals  this 

day  of  ,  1 

The  condition  of  this  obligation  is  such  that  if  A  B,  county  superintendent 
of  schools  of  the  county  aforesaid,  shall  faithfully  discharge  all  the  duties 
of  his  office,  according  to  law;  and  shall  deliver  to  his  successor  in  office 
all  moneys,  books,  papers  and  property  in  his  hands  as  such  county  superin- 
tendent of  schools,  then  this  obligation  to  be  void,  otherwise  to  remain  in 
full  force  and  virtue. 

A '. B [Seal] 

C D [Seal] 

E P [Seal] 


6 

This  bond  shall  be  filed  in  the  office  of  the  county  clerk,,  and  action  or 
actions  upon  it  may  be  maintained  by  any  corporate  body  interested,  for 
the  benefit  of  any  township  or  fund  injured  by  any  breach  of  its 
conditions. 

§  7.  On  or  before  the  15th  of  August,  annually,  the  county  super- 
intendent of  schools  shall  present  to  the  Superintendent  of  Public 
Instruction  such  information  relating  to  schools  in  his  county  as  the 
Superintendent  of  Public  Instruction  may  require. 

§  8.  The  county  superintendent  shall  present  under  oath,  or  affirma- 
tion, to  the  county  board,  at  its  annual  meeting  in  September,  and  as 
near  quarterly  thereafter  as  such  board  may  have  regular  or  special 
meetings,  a  report  of  all  his  acts  as  county  superintendent,  including  a 
list  of  all  the  schools  visited,  with  the  dates  of  visitation. 

§  9.  The  county  superintendent  shall  report,  in  writing,  to  the 
county  board,  at  its  regular  meeting  in  September  of  each  year,  stating, 
first,  the  balance  on  hand  at  the  time  of  the  last  report,  and  all  receipts 
since  that  date,  with  the  sources  from  which  they  were  derived;  second, 
the  amount  distributed  to  each  of  the  township  treasurers  in  his  county ; 
third,  any  balance  on  hand.  At  the  same  time  he  shall  present  for 
inspection  his  books  and  vouchers  for  all  expenditures,  and  submit  in 
writing  a  statement  of  the  condition  of  the  institute  fund  and  of  any 
other  funds  in  his  care,  custody  or  control. 

§  10.  The  county  superintendent  shall  keep  three  books,  to  be  known 
and  designated  by  the  letters  A,  B,  and  C,  for  the  following  purposes: 
In  book  A  he  shall  record  at  length  all  petitions  presented  to  him  for 
the  sale  of  common  school  lands,  the  plats  and  certificates  of  valuation 
made  by  or  under  the  direction  of  the  trustees  of  schools,  and  the  affida- 
vits in  relation  to  the  same.  In  book  B  he  shall  keep  an  account  of  all 
sales  of  common  school  lands,  including  the  date  of  sale,  name  of 
purchaser,  description  of  land  sold  and  the  selling  price.  In  book  C 
he  shall  keep  a  regular  account  of  all  moneys  received  or  paid  out;  from 
whom  received,  on  what  account,  showing  whether  it  is  principal  or 
interest,  the  rate  of  interest,  and  a  description  of  the  real  estate  taken 
as  security;  if  paid  out,  to  whom,  when,  and  on  what  account,  and  the 
amount  of  the  list  of  sales  and  the  account  of  each  township  fund  to 
be  kept  separate. 

§  11.  At  the  regular  meeting  of  the  county  board,  in  each  year,  the 
county  superintendent  shall  present,  first,  a  statement  showing  the  sales 
of  school  lands  made  subsequent  to  the  first  regular  term  of  the  previous 
year,  which  shall  be  a  true  copy  of  the  sale  book  (book  B) ;  second,  a 
statement  of  the  amount  of  money  received,  paid,  and  in  hand,  belonging 
to  each  township  or  fund  under  his  control,  the  statement  of  each  fund 
to  be  separate;  third,  a  statement  copied  from  his  loan  book  (book  C), 
showing  all  the  facts  in  regard  to  loans  which  are  required  to  be  stated 
in  the  loan  book. 

§  12.  In  all  cases  in  which  the  trustees  of  schools  of  any  township 
shall  fail  to  prepare  and  forward,  or  cause  to  be  prepared  and  forwarded, 
to  the  county  superintendent  the  information  required  of  them  by  this 


Act,  it  shall  be  the  duty  of  the  county  superintendent  to  employ  a  com- 
petent person  to  take  the  enumeration  and  furnish  such  information,  as 
far  as  practicable.  The  person  so  employed  shall  have  access  to  the 
books  and  papers  of  the  township  to  enable  him  to  make  such  statement; 
and  the  township  treasurer,  or  other  officer  or  person  in  whose  custody 
such  books  and  papers  may  be,  shall  permit  such  person  to  examine  such 
books  and  papers  at  such  times  and  at  such  places  as  such  person  may 
desire  for  the  purposes  aforesaid.  For  such  services  the  county  superin- 
tendent shall  pay  to  the  person  so  employed  by  him  such  amount  as  he 
may  judge  reasonable,  out  of  any  money  which  is  or  may  come  into 
his  hands,  apportioned  as  the  share  of  or  belonging  to  such  township; 
and  the  county  superintendent  shall  proceed  to  recover  and  collect  the 
amount  so  allowed  or  paid  in  a  civil  action  before  any  justice  of  the 
peace  in  the  county,  or  before  any  court  having  jurisdiction,  in  the 
name  of  the  People  of  the  State  of  Illinois,  of  and  against  the  trustees- 
of  schools  of  the  township  in  their  individual  capacity ;  and  in  such  suit 
or  suits  the  county  superintendent  and  the  township  treasurer  shall  be 
competent  witnesses.  The  money  so  received,  when  collected,  shall  be 
paid  to  the  county  superintendent  for  the  benefit  of  the  township,  ta 
replace  the  money  taken  as  aforesaid. 

§  13.  Whenever  the  bond  of  any  .township  treasurer,  approved  by  the 
trustees  of  schools,  as  required  by  law,  shall  be  delivered  to  the  county 
superintendent  of  schools,  he  shall  carefully  examine  the  same,  and  if 
the  instrument  is  found  to  be  in  all  respects  according  to  law,  and  the. 
securities  good  and  sufficient,  he  shall  endorse  his  approval  thereon,  have 
it  recorded  in  the  recorder's  office,  and  file  the  same  with  the  papers 
of  his  office ;  but  if  the  bond  is  in  any  respect  defective,  or  if  the  penalty- 
is  insufficient,  he  shall  return  it  for  correction.  When  the  bond  shall' 
have  been  received  and  filed,  the  superintendent  shall,  on  demand,  deliver 
to  the  township  treasurer  a  written  statement  certifying  that  his  bond 
has  been  approved  and  filed,  and  that  the  township  treasurer  is  entitled 
to  the  care  and  custody,  on  demand,  of  all  moneys,  bonds,  mortgages,, 
notes  and  securities,  and  all  books,  papers  and  property  of  every  descrip- 
tion belonging  to  the  township. 

§  14.  Upon  receipt  of  the  amount  due  the  county  from  the  State 
school  funrl,  the  county  superintendent  shall  apportion  the  same,  together 
with  other  funds  held  for  distribution,  to  the  townships  and  parts  of 
townships  in  his  county  in  which  schools  have  been -maintained,  as  pro- 
vided by  law,  according  to  the  number  of  persons  under  21  years  of  age 
returned  to  him,  and  shall  pay  the  distributive  share  belonging  to  each 
township  and  fractional  township  to  the  respective  township  treasurers, 
or  other  authorized  persons,  annually :  Provided,  however,  that  no  part 
of  the  State  or  other  school  fund  shall  be  paid  to  any  township  treasurer, 
or  other  person  authorized  to  receive  it,  unless  such  treasurer  shall  have 
filed  his  bond/or,  if  reflected,  shall  have  renewed  his  bond  and  filed  the 
same  as  required  by  law. 

§  15.  It  shall  further  be  the  duty  of  each  county  superintendent  of 
schools : 


First — To  execute,  upon  notice  by  the  county  board,  a  new  bond.,  con- 
ditioned and  approved  as  the  first  bond. 

Second — To  sell  township  fund  lands,  issue  certificates  of  purchase, 
report  to  the  county  board  and  Auditor  of  Public  Accounts,  and  perform 
all  other  duties  pertaining  thereto. 

Third — To  register  the  names  of  all  applicants  for  normal  school  and 
university  scholarships;  to  hold,  or  cause  to  be  held,  examinations  for 
the  same,  and  to  perform  such  other  duties  as  pertain  thereto. 

Fourth — To  visit  each  public  school  in  the  county  at  least  once  a  year, 
noting  the  methods  of  instruction,  the  branches  taught,  the  text  books 
used,  and  the  discipline,  government  and  general  condition  of  the 
schools;  in  the  performance  of  which  duty  he  shall  spend  at  least  half 
his  time,  and  more,  if  practicable,  in  visiting  ungraded  schools. 

Fifth — To  give  teachers  and  school  officers  such  directions  in  the 
science,  art  and  methods  of  teaching,  and  in  regard  to  courses  of  study, 
as  he  may  deem  expedient, 

Sixth — To  act  as  the  official  adviser  and  constant  assistant  of  the 
school  officers  and  teachers  of  his  county.  In  the  performance  of  this 
duty  he  shall  faithfully  carry  out  the  advice  of  the  Superintendent  of 
Public  Instruction. 

Seventh — To  conduct  a  teachers'  institute,  to  aid  and  encourage  the 
formation  of  other  teachers'  meetings,  and  to  assist  in  their  management. 

Eighth — To  labor  in  every  practicable  way  to  elevate  the  standard  of 
teaching,  and  improve  the  condition  of  the  common  schools  of  his 
county. 

Ninth — To  examine  at  least  once  each  year  all  books,  accounts  and 
vouchers  of  every  township  treasurer  in  his  county,  and,  if  he  finds  any 
irregularities  in  them,  to  report  the  same  at  once,  in  writing,  to  the 
trustees,  whose  duty  it  shall  be  to  take  immediately  such  action  as  the 
case  demands. 

Tenth — To  examine  all  notes,  bonds,  mortgages,  and  other  evidences 
of  indebtedness  which  the  township  treasurer  holds  officially,  and  if  he 
finds  that  the  papers  are  not  in  proper  form,  or  that  the  securities  are 
insufficient,  he  shall  so  state,  in  writing,  to  the  board  of  trustees. 

Eleventh — To  give  notice  of  the  election  of  trustees  in  such  cases  as 
are  specified  in  section  24  of  this  Act. 

Twelfth — To  give  notice  of  any  regular  or  special  election  as  required 
by  section  107  of  this  Act. 

Thirteenth — To  investigate  and  determine  all  matters  pertaining  to 
changes  in  the  boundaries  of  school  districts  which  may  come  to  him 
by  appeal  from  the  decision  of  the  trustees  of  schools,  and  to  inform 
the  township  treasurer  from  whom  the  papers  relating  to  the  matter  were 
received  of  his  decision. 

Fourteenth — To  file  and  keep  all  the  poll  books  and  returns  of  elections 
required  to  be  returned  to  him  and  the  reports  and  statements  returned 
by  township  treasurers  and  trustees  of  schools. 

Fifteenth — To  hold  meetings,  at  least  quarterly,  for  the  examination 
of  teachers. 


9 

Sixteenth — To  grant  certificates  of  qualification  to  teach  to  such  per- 
sons as  may  be  qualified  to  receive  them,  and  to  keep  a  record  of  all 
teachers  to  whom  certificates  have  been  granted,  and  of  all  teachers 
employed  in  his  county. 

Seventeenth — To  notify  the  presidents  of  boards  of  trustees  and  the 
clerks  of  school  districts,  on  or  before  September  30,  annually,  of  the 
amount  of  money  distributed  by  him  to  the  township  treasurer,  with 
the  date  of  distribution. 

Eighteenth — To  keep  in  his  office  a  map  of  his  county  on  a  scale  of 
not  less  than  two  inches  to  the  mile,  and  to  indicate  thereon  the  boundary 
lines  and  numbers  of  all  school  districts.  Districts  shall  be  numbered 
consecutively.  In  case  of  the  formation  of  a  new  district  composed  of 
parts  of  two  or  more  counties,  the  county  superintendents  of  such  counties 
shall  agree  upon  a  number  by  which  such  district  ehall  be  designated, 
which  number  shall  not  be  a  duplicate  of  any  number  in  either  of  such 
counties. 

Nineteenth — To  furnish  the  township  treasurers  a  list  of  the  districts 
in  their  .respective  townships  with  the  consecutive  numbers  of  the  same. 

§  16.    The  county  superintendent  shall  have  power : 

First — To  require  the  trustees  of  each  township  in  his  county  to 
make,  at  any  time  he  may  desire,  the  report  provided  for  in  section  36 
of  this  Act. 

Second — To  recommend  to  the  Superintendent  of  Public  Instruction 
the  remission  of  the  penalty  provided  for  a  failure  of  the  trustees  of 
schools  to  make  the  report  required  by  law. 

Third — To  renew  teachers'  certificates  at  their  expiration  by  his 
endorsement  thereon. 

Fourth — To  revoke  the  certificate  of  any  teacher  for  immorality, 
incompetency  or  other  just  cause. 

Fifth — To  direct  in  what  manner  township  treasurers  shall  keep  their 
oooks  and  accounts. 

Sixth — To  bring  suit  against  the  county  collector  for  failure  to  pay 
the  amount  due  upon  the  Auditor's  warrant. 

Seventh — To  remove  any  school  director  from  office  for  wilful  failure 
to  perform  his  official  duties. 

Eighth — To  employ,  with  the  approval  of  the  county  board,  such 
assistant  or  assistants  as  he  needs  for  the  full  discharge  of  his  duties. 
Such  assistants  shall  be  persons  of  good  attainments,  versed  in  the  prin- 
ciples and  methods  of  education,  familiar  with  public  school  work,  and 
competent  to  visit  schools. 

Ninth — To  demand  of  the  trustees  of  schools  certified  copies  of  maps 
and  records  of  school  districts  as  organized.  In  case  of  discrepancies 
or  defects  in  defining  the  boundaries  of  school  districts  the"  county 
superintendent,  or,  in  case  of  a  district  lying  in  two  or  more  counties, 
the  county  superintendents  of  such  counties  acting  jointly,  shall  be 
authorized  to  define  such  boundaries  in  conformity  with  what  may  appear 
to  have  been  the  intention  of  the  trustees  of  schools  wnen  such  boundaries 
were  established. 


10 

§  17.  In  all  controversies  arising  under  the  school  law.,  the  opinion 
and  advice  of  the  county  superintendent  shall  first  be  sought,  whence 
appeal  may  be  taken  upon  a  written  statement  of  facts  certified  by  the 
county  superintendent  to  the  Superintendent  of  Public  Instruction. 

§  18.  The  county  superintendent,  upon  his  removal  or  resignation, 
or  at  the  expiration  of  his  term  of  office,  or  in  case  of  his  death  his 
representatives,  shall  deliver  to  his  successor  in  office,  on  demand,  all 
moneys,  books,  papers  and  personal  property  belonging  to  the  office  or 
subject  to  the  control  or  disposition  of  the  county  superintendent, 

TRUSTEES  OF  SCHOOLS. 

§  19.  Each  Congressional  township  is  hereby  established  a  township 
for  school  purposes.  When  a  fractional  Congressional  township  contains 
fewer  than  two  hundred  persons  under  21  years  of  age,  the  trustees  of 
schools,  upon  petition  of  a  majority  of  the  adult  inhabitants  of  such 
fractional  township,  may,  by  written  agreement  with  the  trustees  of  any 
adjacent  township,  consolidate  the  territory,  school  funds  and  other 
property  of  such  fractional  township  with  such  adjacent  township.  Such 
territory,  school  funds  and  other  property  shall  thereafter  be  managed 
by  the  trustees  of  such  adjacent  and  consolidated  township  in  accordance 
with  the  terms  of  such  agreement,  in  the  manner  provided  by  law.  The 
agreement  shall  be  signed  by  a  majority  of  the  trustees  of  each  township, 
and  filed  for  record  in  the  office  of  the  county  clerk  of  the  county 
in  which  such  consolidated  township,  or  the  greater  part  thereof,  is 
situated. 

§  20.     The  school  business  of  the  township  shall  be  transacted  by 
three  trustees,  to  be  elected  by  the  qualified  voters  of  the  township,  as 
hereinafter  provided.     Such  trustees  shall  be  a  body  politic  and  corpo- 
rate, by  the  name  of  "trustees  of  schools  of  township  No.  .-.  . .  .1.  ....... 

range  No.  .....;.,.  .,"  according  to  the  number.     Such  corporation  shall 

have  perpetual  existence,  with  power  to  sue  and  be  sued,  and  to  plead 
and  be  impleaded,  in  all  courts  and  places  where  judicial  proceedings 
are  had. 

§  21.  No  person  shall  be  eligible  to  the  office  of  trustee  of  schools 
who  is  not  a  resident  of  the  township,  and  at  least  21  years  of  age.  In 
case  there  are  three  or  more  school  districts  in  a  township,  no  two 
trustees  shall  reside,  when  elected,  in  the  same  school  district,  nor  shall 
a  person  be  eligible  to  the  office  of  trustee  of  schools  and  school  director 
at  the  same  time. 

§  22.  The  election  of  trustees  of  schools  shall  be  held,  in  townships 
whose  boundaries  do  not  coincide  with  those  of  towns,  on  the  second 
Saturday  of  April,  annually.  In  townships  whose  boundaries  do  coincide 
with  those  of  towns  as  established  under  the  township  organization 
laws,  the  trustee  or  trustees  shall  be  elected  at  the  same  time  and  in  the 
same  manner  as  town  officers.  In  townships  in  which  no  election  for 
school  trustees  has  heretofore  been  held,  or  in  townships  in  which  from 


11 

any  cause  there  are  no  trustees  of. schools,  or  in  case  of  a  vacancy  or 
vacancies,  the  election  of  trustee  or  trustees,  of  schools  may  be  held  on 
any  Saturday. 

§  23.  Notice  of  the  election  of  trustees  shall  be  given  by  the  township 
treasurer,  upon  the  order  of  the  trustees  of  schools,  or,  in  case  of  a  first 
election,  by  the  county  clerk,  by  posting  notices,  at  least  ten  days  previous 
to  the  time  of  such  election,  in  not  less  than  five  of  the  most  public 
places  in  the  township,  which  notices  shall  specify  the  time,  place  and 
object  of  the  election,  and  may  be  in  the  following  form,  to  wit: 

NOTICE    OF    ELECTION. 

Notice  is  hereby  given  that  on  Saturday,  the  day  of  April,  1 , 

an  election  will  be  held  at  for  the  purpose  of  electing 

school  trustee.,  for  township  No Range  No 

The  polls  will  be  opened  at o'clock, m.,  and  closed  at 

o'clock,  ...... .m. . 

By  order  of  the  trustees  of  schools. 


Township  Treasurer. 

§  24.  If  the  township  treasurer  shall  fail  or  refuse  to  give  notice  of 
the  regular  election  of  trustees,  as  required  by  the  foregoing  section,  and 
if,  in  case  of  a  vacancy,  the  remaining  trustee  or  trustees  shall  fail  or 
refuse  to  order  an  election  to  fill  such  vacancy,  it  shall  be  the  duty  of 
the  county  superintendent  to  order  such  election. 

§  25.  If,  upon,  the  day  appointed  for  the  election  of  trustees  of 
schools,  the  trustee  or  judges  shall  be  of  the  opinion  that,  on  account 
of  the  small  attendance  of  voters,  the  public  good  requires  it,  or  if  a 
majority  of  the  voters  present  shall  desire  it,  they  shall  postpone  the 
election  until  the  next  Saturday,  at  the  same  place  and  hour,  at  which 
time  and  meeting  the  voters  shall  proceed  as  if  it  were  not  a  postponed 
or  adjourned  meeting:  Provided,  however,  that  if  notice  shall  not  have 
been  given  of  such  election,  as  required  by  section -23  of  this  Act,  the 
election  may  be  ordered  and  held  on  any  Saturday,  notice  thereof  being 
given. 

§  26.  The  time  and  manner  of  opening,  conducting  and  closing  the 
election,  and  the  several  liabilities  appertaining  to  the  judges,  clerks 
and  voters,  separately  and  collectively,  and  the  manner  of  contesting 
the  election,  shall  be  the  same  as  prescribed  by  the  general  election  laws 
of  this  State  defining  the  manner  of  electing  magistrates  and  constables, 
so  far  as  applicable,  subject  to  the  provisions  of  this  Act. 

§  27.  The  trustees  of  schools  shall  act  as  judges  and  choose  a  clerk 
of  the  election.  If  the  trustees,  or  any  of  them,  shall  fail  to  attend,  or 
refuse  to  act  when  present,  or  if,  from  any  cause,  there  are  no  trustees 
of  schools,  or  not  a  sufficient  number  to  act  as  judges,  the  qualified 
voters  present  shall  choose  from  among  themselves  the  number  of  judges 
required  to  open  and  conduct  the  election. 

§  28.  In  townships  in  which  for  general  elections  there  are  more 
than  two  polling  places,  the  trustees  shall  give  notice  that  polls  will  be 


12 

opened  for  such  elections  in  at  least  two  places;  in  which  case  at  least 
one  of  the  trustees  shall  be  assigned  to  each  place,  so  far  as  practicable, 
and  additional  judges  shall  be  chosen  by  the  qualified  voters  present: 
Provided,  however,  that  there  shall  be  at  least  one  polling  place  for  each 
800  voters  in  the  township. 

§  29.  The  judges  shall  return  the  ballots  and  original  poll  books,  with 
a  certificate  thereon  showing  the  result  of  election  in  such  precinct,  to 
the  treasurer  of  the  township  in  which  the  election  shall  be  held,  where- 
upon it  shall  be  the  duty  of  the  trustees  of  schools,  within  five  days 
after  the  election,  to  meet  and  canvass  the  returns  from  each  precinct,  to 
make  out  a  certificate  showing  the  number  of  votes  cast  for  each  person 
in  each  precinct  and  in  the  whole  township,  and  to  file  the  certificate 
with  the  county  superintendent  of  schools. 

§  30.  Upon  the  election  of  trustees  of  schools,  the  judges  of  the 
election  shall,  within  ten  days  thereafter,  cause  a  copy  of  the  poll  book 
of  the  election  to  be  delivered  to  the  county  superintendent  of  schools, 
with  a  certificate  thereon  showing  the  election  of  trustees  and  the  names 
of  the  persons  elected ;  which  copy,  with  the  certificate,  shall  be  filed  by 
the  county  superintendent  and  shall  be  evidence  of  such  election. 

§  31.  At  the  first  election  of  trustees  in  a  newly  organized  township, 
the  trustees  shall,  at  their  first  meeting,  cast  lots  for  their  respective 
terms  of  office  for  one,  two  and  three  years;  and  thereafter  one  trustee 
shall  be  elected  annually,  at  the  usual  time  for  electing  a  trustee  of 
schools,  to  fill  the  vacancy  occurring.  In  case  of  a  tie  vote,  the  election 
shall  be  determined  by  lot,  on  the  day  of  the  election,  by  the  judges. 

§  32.  At  the  first  regular  election  of  trustees  after  the  passage  of 
this  Act,  a  successor  to  the  trustee  whose  term  of  office  then  expires 
shall  be  elected,  and  thereafter  one  trustee  shall  be  elected  annually. 
Such  trustees  shall  continue  in  office  three  years. 

§  33.  Within  ten  days  after  the  annual  election,  the  trustees  of 
schools  shall  organize  by  appointing  one  of  their  number  president,  who 
shall  hold  his  office  for  one  year.  It  shall  be  the  duty  of  the  president 
to  preside  at  all  meetings  of  the  board  and  to  sign  the  proceedings  thereof 
when  recorded.  If  the  president  be  absent  from  any  meeting, 'or  refuse 
to  perform  any  of  the  duties  of  his  office,  a  president  pro  tempore  may 
be  appointed.  The  president  may  be  removed  by  the  trustees  of  schools 
for  good  and  sufficient  cause. 

§  34.  It  shall  be  the  duty  of  the  trustees  of  schools  to  hold  regular 
semi-annual  meetings  on  the  first  Mondays  of  April  and  October. 
Special  meetings  may  be  called  at  any  time  by  the  president  or  by  two 
members.  Two  members  shall  constitute  a  quorum  for  the  transaction 
of  business. 

§  35.  At  the  regular  semi-annual  meetings  on  the  first  Mondays  of 
April  and  October,  the  trustees  shall  ascertain  the  amount  of  funds 
subject  to  distribution,  and  shall  appropriate  and  distribute  the  same  as 
required  by  this  section,  and  not  otherwise.  All  valid  claims  shall  be 
paid  before  distribution,  in  manner  following:  First,  the  compensation 
of  the  treasurer;  second,  the  cost  of  publishing  the  annual  statement; 


13 

third,  the  cost  of  a  record  book,  if  any;  fourth,  the  cost  of  dividing 
school  lands  and  making  plats.  The  balance  shall  be  apportioned  and 
distributed  to  the  districts  and  parts  of  districts  in  the  township  in 
which  schools  have  been  kept  as  required  by  law  during  the  preceding 
year  ending  June  30th,  according  to  the  number  of  persons  returned 
under  21  years  of  age.  The  funds  so  distributed  shall  be  credited  to  the 
respective  districts  and  parts  of  districts. 

§  36.  The  trustees  of  schools  of  each-  township  in  this  State  shall 
prepare,  or  cause  to  be  prepared,  by  the  township  treasurer,  the  directors 
of  the  several  districts,  or  other  person,  and  forward  to  the  county  super- 
intendent of  the  county  in  which  the  township  lies,  on  or  before  the 
15th  day  of  July,  annually,  and  at  such  other  times  as  may  be  required 
by  the  county  superintendent  of  schools,  or  by  the  Superintendent  of 
Public  Instruction,  a  statement  exhibiting  the  condition  of  the  schools 
in  their  respective  townships  for  the  preceding  year,  commencing  on 
July  1st  and  ending  June  30th,  which  statement  shall  be  in  the  form 
and  shall  contain  the  information  required  by  the  Superintendent  of 
Public  Instruction.  Any  township  from  which  such  report  is  not  received 
in  the  manner  and  time  required  by  law,  shall  forfeit  its  portion  of  the 
distributive  fund  for  the  next  ensuing  year. 

§  37.  In  case  a  township  is  divided  by  a  county  line  or  lines,  the 
trustees  of  schools  of  such  township  shall  make,  or  cause  to  be  made, 
separate  enumerations  of  all  statistics  and  other  information  required 
by  the  Superintendent  of  Public  Instruction,  and  report  the  same  sepa- 
rately to  the  several  county  superintendents;  and  all  parts  of  such 
statistical  information  which  cannot  practicably  be  reported  separately 
shall  be  reported  to  the  county  superintendent  of  the  county  in  which 
the  sixteenth  section  of  such  township  is  situated. 

§  38.  At  each  semi-annual  meeting,  and  at  such  other  meetings  as 
they  may  think  proper,  the  trustees  of  schools  shall  examine  all  books, 
notes,  mortgages,  securities,  papers,  moneys  and  effects  of  the  corpora- 
tion, and  the  accounts  and  vouchers  of  the  township  treasurer,  or  other 
township  school  officer,  and  shall  make  such  order  for  their  security, 
preservation,  collection,  correction  of  errors,  if  any,  and  for  their  proper 
dispositions,  as  may  be  necessary. 

§  39.  The  trustees  of  schools  may  receive  any  gift,  grant,  donation 
or  devise  made  for  the  use  of  any  school  or  library,  or  for  any  other 
school  purpose,  within  their  jurisdiction.  They  shall  be  and  are  hereby 
invested  in  their  corporate  capacity  with  the  title  of  all  school  buildings 
and  school  sites.  All  conveyances  of  real  estate  made  to  the  trustees  of 
schools  shall  be  made  to  them  in  their  corporate  name,  and  to  their 
successors  in  office. 

§  40.  When  a  school  site  or  building  has  become  unnecessary  or 
unsuitable  or  inconvenient  for  a  school,  the  trustees  of  schools,  on  petition 
of  a  majority  of  the  voters  of  the  district,  shall  sell  and  convey  the 
same,  after  giving  at  least  twenty  days'  notice  of  such  sale,  by  posting 
written  or  printed  notices  thereof  describing  the  property  and  the  terms 
ot  sale,  which  may  be  in  the  following  form,  to  wit : 


14 

NOTICE    OF    SALE. 

Notice  is  hereby  given  that  on  the day  of ,  1 . . . , 

the  trustees  of  schools  of  township  No ,  Range  No ,  will  sell 

at  public  sale,  on  the  premises  hereinafter  described,  between  10:00  o'clock, 
a.  m.,  and  3:00  o'clock,  p.  m.,  the  school  house  situated  on  the  school  house 
site  known  as  (here  describe  the  site  by  its  number,  commonly  known 
name,  or  other  definite  description)  and  located  in  the  (here  describe  its 
place  in  the  section),  which  sale  will  be  made  on  the  following  terms,  to-wit: 
(Here  insert  as  "one-third  of  the  purchase  money  cash  in  hand,  and  the 
balance  in  two  equal  payments,  due  in  one  and  two  years  from  day  of  sale, 

with  interest  at  the  rate  of .  per  cent  per  annum  from  date.") 

A B [  Seal] 

C D [Seal] 

E F [Seal] 

Trustees. 

The  -deed  of  conveyance  shall  be  executed  by  the  president  and  clerk, 
and  the  proceeds  paid  to  the  township  treasurer  for  the  benefit  of  the 
district. 

§  41.  The  trustees  of  schools  shall  cause  all  moneys  for  the  use  of 
the  township  and  the  districts  to  be  paid  to  the  township  treasurer. 

§  42.  The  trustees  of  schools  shall  have  power  to  purchase  real 
estate  in  satisfaction  of  any  judgment  or  decree  in  any  action  wherein 
the  trustees  or  the  county  superintendent  of  schools  are  parties,  if,  in 
their  opinion,  the  interests  of  the  township  fund  will  be  promoted  thereby. 

§  43.  The  trustees  of  schools  shall  have  power  to  make  all  settle- 
ments with  persons  indebted  to  them  in  their  official  capacity ;  to  receive 
deeds  to  real  estate  in  compromise;  and  to  cancel  notes,  bonds,  mort- 
gages, judgments  and  decrees  for  the  benefit  of  the  township;  and  their 
action  in  the  premises  shall  be  valid  and  binding. 

§  44.  The  trustees  of  schools  shall  have  power  to  lease  or  sell  any 
lands  that  may  come  into  their  possession  in  the  manner  described  in 
either  of  the  two  preceding  sections.  The  sale  shall  be  made  in  the 
manner  provided  for  the  sale  of  the  sixteenth  section. 

§  45.  The  trustees  of  schools  in  newly  organized  townships  shall 
divide  the  township  into  school  districts,  to  suit  the  wishes  or  conve- 
nience of  a  majority  of  the  inhabitants  of  the  township,  and  shall 
prepare,  or  cause  to  be  prepared,  a  map  of  the  township,  on  which  the 
district  or  districts  shall  be  designated  by  their  respective  numbers. 

§  46.  When  such  division  into  districts  has  been  made,  the  trustees 
of  schools  may,  in  their  discretion,  at  the  regular  meeting  in  April, 
change  the  boundaries  of  districts  situated  wholly  within  the  township, 
so  as: 

First — To  divide  a  district  into  two  or  more  districts,  when  petitioned 
by  a  majority  of  the  legal  voters  of  the  district. 

Second — To  consolidate  two  or  more  districts  into  one  district,  when 
petitioned  by  a  majority  of  the  legal  voters  of  each  district. 

Third — To  detach  territory  from  one  district  and  add  the  same  to  an 
adjacent  district,  when  petitioned  by  a  majority  of  the  legal  voters  of 
each  district;  or,  when  petitioned  by  two-thirds  of  the  legal  voters 
residing  within  the  territory  described  in  the  petition,  asking  that 
such  territory  be  detached  from  one  district  and  added  to  an  adjacent 
district. 


15 

Fourth — To  create  a  new  district  from  territory  belonging  to  two  or 
more  districts,  when  petitioned  by  a  majority  of  the  legal  voters  of  each 
district;  or,  when  petitioned  by  two-thirds  of  the  legal  voters  residing 
within  the  territory  described  in  the  petition,  containing  not  fewer  than 
ten  families,  asking  that  such  territory  be  created  into  a  new  district. 

Fifth — To  create  a  new  district  by  dividing  the  territory  of  an  exist- 
ing district,  when  petitioned  by  two-thirds  of  the  legal  voters  residing 
within  the  territory  described  in  the  petition,  containing  not  fewer  than 
ten  families,  asking  that  such  territory  be  created  into  a  new  district. 

§  47.  Changes  in  the  boundaries  of  districts  which  lie  in  separate 
townships,  and  of  districts  formed  of  parts  of  two  or  more  townships, 
may  be  made  at  the  regular  meeting  of  trustees  in  April,  by  the  con- 
current action  of  the  several  boards  of  trustees  in  which  the  district  or 
districts  lie,  each  board  being  petitioned,  as  provided  in  the  preceding 
section  of  this  Act. 

§  48.  In  school  districts,  whether  operating  under  this  Act  or  under 
a  special  charter,  the  request  for  a  change  of  boundary  may  be  submitted 
to  the  trustees  by  vote  of  the  people,  instead  of  by  petition.  The  school 
directors,  when  petitioned  so  to  do  by  twenty-five  legal  voters  of  the 
district,  shall  submit  the  question  of  the  change  desired  to  the  voters 
of  the  district,  at  a  special  election  called  for  that  purpose,  and  held  at 
least  thirty  days  prior  to  the  regular  April  meeting  of  trustees.  If  a 
majority  of  the  votes  cast  at  such  election  shall  be  in  favor  of  the  change 
proposed,  then,  due  return  of  the  election  having  been  made  to  the 
township  treasurer,  the  trustees  of  schools  shall  consider  and  take  action 
the  same  as  if  petitioned  therefor  by  a  majority  of  the  legal  voters  of 
such  district.  Such  question  shall  not  be  so  submitted  more  than  once 
in  any  year. 

§  49.  A  majority  of  the  legal  voters  of  a  district  lying  in  two  or 
more  townships  may  secure  the  dissolution  of  the  district  by  petitioning 
the  trustees  of  schools  of  the  several  townships,  at  their  regular  meeting 
in  April,  to  add  the  territory  belonging  to  the  district  in  their  township 
to  one  or  more  adjacent  districts.  Upon  receipt  of  such  petition,  or  the 
returns  of  the  election,  in  districts  containing  one  thousand  or  more 
inhabitants,  the  trustees  of  "schools  of  the  several  townships  shall  make 
such  disposition  of  the  territory  of  the  district  that  lies  in  their  township, 
and  they  shall  jointly  make  such  division  of  the  property  of  the  district 
between  or  among  the  districts  to  which  its  territory  is  attached,  as 
provided  in  the  case  of  the  organization  of  a  new  district  from  a  part 
of  another  district. 

§  50.  If  any  school  district  shall,  for  two  consecutive  years,  fail  to 
maintain  a  public  school  as  required  by  law,  it  shall  be  the  duty  of  the 
trustees  of  schools  of  the  township,  or  townships,  in  which  such  district 
lies,  to  attach  the  territory  of  such  district  to  one  or  more  adjoining 
districts;  and,  in  case  the  territory  is  added  to  two  or  more  districts,  to 
divide  the  property  of  the  district  among  the  districts  to  which  its  terri- 
tory is  added,  in  the  manner  provided  for  the  division  of  property  in 
case  of  the  organization  of  a  new  district  from  a  part  of  another  district. 


1C 

§.51.  Any  city,  township  or  district  in  which  schools  are  now  man- 
aged under  any  special  Act,  may,  by  vote  of  its  electors,  cease  to  control 
its  schools  under  such  special  Act,  and  becomes  part  of  the  school 
township,  or  townships,  in  which  it  is  situated.  Upon  petition  of  fifty 
voters  of  such  city,  township  or  district,  presented  to  the  board  having 
the  control  and  management  of  the  public  schools,  it  shall  be  the  duty 
of  such  board  to  cause  to  be  submitted  to  the  voters  at  the  next  ensuing 
election  to  be  held  in  such  city,  township  or  district,  the  question  of 
"organizing  under  the  general  school  law."  Notice  shall  be  given  by 
posting  notices  in  the  five  most  public  places  in  such  city,  township  or 
district,  at  least  fifteen  days  before  the  date  of  holding  such  election, 
which  notices  shall  be  in  the  following  form,  to  wit: 

NOTICE    OF    ELECTION. 

Notice  is  hereby  given,  that  on  the day  of ,  1 . . . , 

an  election  will  be  held  at ,  for  the  purpose  of  deciding  the 

question   of  organizing   under  the  general   school   law.    The   polls  will   be 

opened  at   o'clock,    ...m.,  and  closed  at    o'clock,    ...m. 

(Signed) 

If  it  shall  appear,  upon  a  canvass  of  the  returns,  that  a  majority  of  the 
votes  cast  at  such  election  are  in  favor  of  organizing  under  the  general 
school  law,  then  the  board  having  the  control  and  management  of  schools 
in  such  city,  township  or  district  shall  give  notice  of  an  election  to  be 
held  on  any  Saturday  thereafter,  according  to  the  provisions  of  this 
Act,  for  the  purpose  of  electing  a  board  of  directors  or  board  of  education, 
as  the  case  may  require;  but  all  subsequent  elections  shall  be  held  on  the 
third  Saturday  of  April  annually. 

§  62.  No  petition  shall  be  acted  upon  by  the  trustees  .of  schools 
unless  such  petition  shall  have  been  filed  with  the  clerk  at  least  twenty 
days  before  the  regular  meeting  in  April,  nor  unless  a  copy  of  the 
petition,  with  a  notice  in  writing,  signed  by  one  or  more  of  the  peti- 
tioners, shall  be  delivered  by  the  petitioners,  or  one  of  them,  at  least  ten 
days  before  the  day  on  which  the  petition  is  to  be  considered,  to  the 
president  or  clerk  of  the  school  directors  of  each  district  whose  boundaries 
will  be  changed  if  the  petition  is  granted.  •  Such  notice  may  be  in  the 
following  form,  to  wit : 

NOTICE  OF  PETITION. 

The  directors  in  district  No ,  in   county,  will 

take  notice  that  the  undersigned  and  others  have  made  and  filed  with  the 
trustees  of  schools  their  petition,  a  copy  of  which  is  herewith  handed  to  you. 

(Signed) 

§  53.  When  a  petition  shall  come  before  the  trustees  of  schools 
asking  for  a  change  in  the  boundaries  of  districts,  it  shall  be  the  duty 
of  the  trustees  to  ascertain  whether  the  foregoing  provisions  have  been 
strictly  complied  with.  If  it  shall  appear  that  they,  or  either  of  them, 
have  not  been  complied  with,  the  board  shall  adjourn,  for  not  longer 
than  four  weeks,  in  order  that  the  foregoing  provisions  may  be  complied 
with.  There  shall  be  but  one  adjournment  for  such  purpose. 

§  54.  If  it  shall  appear  on  the  day  of  the  regular  meeting,  or,  in 
case  of  adjournment,  at  the  adjourned  meeting,  that  such  provisions  have 


17 

been  complied  with,  the  trustees  shall  consider  the  petition,  hear  any 
legal  voters  of  the  district  or  districts  affected  by  the  proposed  change 
who  may  appear  to  oppose  the  petition,  and  shall  grant  or  refuse  the 
prayer  of  the  petitioners  without  unreasonable  delay.  After  the  trus- 
tees of  schools  have  considered  the  petition,  no  objection  shall  be  raised 
as  to  its  form,  and  their  action  shall  be  prima  facie  evidence  that  all 
requirements  have  been  complied  with. 

§-55.  The  petitioners,  or  the  legal  voters  who  appear  to  oppose  the 
change  of  boundaries,  shall  have  the  right  of  appeal  to  the  county  super- 
intendent of  schools.  The  appellant  shall  file  with  the  clerk  of  the 
trustees  a  written  notice  of  appeal  within  ten  days  after  final  action  by 
the  trustees,  which  notice  may  be  in  the  following  form,  to  wit: 

NOTICE  OF  APPEAL. 

To  the  trustees  of  schools  of  township  No ,  Range  No .,  of 

county,  Illinois : 

You  are  hereby  notified  that  the  undersigned  will  appeal  from  your  de- 
cision made  on  the day  of  ,  1 . . . ,  granting 

(or  refusing)  .the  prayer  of  the  petition  in  regard  to  (here  give  substance 
of  the  petition  concerned)  to  the  county  superintendent  of  schools  of 

county,  Illinois,  as  provided  by  law. 

( Signed) • 

§  56.  When  an  appeal  is  so  taken  the  clerk  shall  transmit,  within 
five  days  after  the  notice  of  appeal  has  been  filed,  all  papers  in  the  case, 
with  a  transcript  of  the  records  of  the  trustees  showing  their  action 
thereon,  to  the  county  superintendent  of  schools.  The  clerk  shall  take 
no  further  action  in  the  matter,  except  upon  the  order  of  the  county 
superintendent,  who  shall  investigate  the  case,  make  such  change  or 
changes,  or  refuse  to  make  them,  reversing,  if  need  be,  the  action  of  the 
trustees,  and  give  the  clerk  immediate  notice  of  his  decision;  and  his 
action  shall  be  final  and  binding.  If  the  changes  askod  by  the  petitioners 
be  made  by  the  county  superintendent,  he  shall  notify,  in  writing,  the 
clerk  by  whom  the  papers  in  the  case  were  transmitted  to  him,  of  his 
action,  and  the  clerk  shall  thereupon  make  a  record  of  the  same,  and 
shall,  within  ten  days  thereafter,  make  a  copy  of  the  same,  and  a  map 
of  the  township  showing  the  districts,  and  an  accurate  list  of  the  tax- 
payers of  the  newly  arranged  districts,  and  deliver  them  to  the  county 
clerk  for  filing  and  record  by  him,  the  same  as  if  the  changes  had  been 
ordered  by  the  trustees. 

§  57.  In  all  cases  in  which  the  district  affected  by  a  proposed  change 
of  boundaries  is  divided  by  a  county  line  or  lines,  the  appeal  may  be 
taken  to  the  county  superintendent  of  schools  of  any  one  of  the  counties 
in  which  the  district  is  partly  located;  and  upon  appeal  being  taken  in 
any  such  case,  the  county  superintendent  of  schools  to  whom  such 
appeal  is  taken  shall  forthwith  give  notice  to  the  county  superintendent 
or  superintendents  of  schools  of  the  other  county  or  counties  of  the 
pendency  of  such  appeal,  and  of  the  time  and  place  when  and  where  it 
shall  be  heard ;  and  the  county  superintendents  of  schools  of  the  counties 
in  which  the  district  is  located  shall  meet  at  such  time  and  place,  and 

— 2  SL 


18 

together  hear  and  determine  the  appeal.  In  case  the  county  superin- 
tendents shall  be  unable  to  arrive  at  an  agreement,  the  county  judge 
of  the  county  in  which  such  appeal  is  pending  shall  become  a  member 
of  the  board  of  appeal,  by  which  the  appeal  shall  thereupon  be  heard 
and  determined.  The  county  superintendent  of  schools  to  whom  such 
appeal  is  taken  shall  at  once  notify,  in  writing,  the  clerk  by  whom  the 
papers  in  the  case  were  transmitted  to  him,  of  the  action  taken  on  such 
appeal,  as  hereinafter  provided. 

§  58.  When  a  change  in  boundaries  is  made  by  the  trustees  of 
schools,  and  no  appeal  is  taken,  the  clerk  shall  make  and  file  with  the 
county  clerk  for  record,  within  twenty  days  of  the  action  of  the  trustees, 
a  copy  of  the  record  of  such  action,  certified  by  the  president  and  the 
clerk,  together  with  a  map  of  the  township  showing  the  districts,  and  a 
list  of  the  taxpayers  of  the  newly  organized  districts. 

§  59.  In  case  any  territory  shall  be  set  off  from  .a  district  that  has  a 
bonded  debt,  the  change  not  being  petitioned  for  by  a  majority  of  the 
legal  voters  of  the  district,  such  original  district  shall  remain  liable  for 
the  payment  of  such  bonded  debt,  as  if  not  divided.  The  directors  of  the 
original  district,  and  the  directors  of  the  district  into  which  the  territory- 
taken  from  such  original  district  has  been  incorporated,  shall  consti- 
tute a  joint  board  for  the  purpose  of  determining  and  certifying,  and 
they  shall  determine  and  certify,  to  the  county  clerk  the  amount  of  tax 
required  yearly  for  the  purpose  of  paying  the  interest  and  principal 
of  such  bonded  debt,  which  tax  shall  be  extended  by  the  county  clerk 
against  all  property  embraced  within  the  original  district  as  if  it  had  not 
been  divided. 

§  60.  When  the  trustees  of  schools  shall  organize  a  new  district,  it 
shall  be  the  duty  of  the  clerk  of  the  trustees  of  schools,  if  no  appeal  is 
taken,  to  order  within  fifteen  days  after  the  action  of  the  trustees,  an 
election,  to  be  held  at  a  convenient  time  and  place  within  the  boundaries 
of  such  newly  organized  district,  for  three  school  directors,  notice  being 
given  by  the  township  treasurer,  who  shall  post  notices  of  such  election 
in  at  least  three  prominent  places  in  the  district,  at  3ec.-st  ten  days  prior 
to  the  time  appointed  for  holding  such  election,  which  notices  shall 
specify  the  place  where  such  election  is  to  be  held,  the  time  for  opening 
and  closing  the  polls,  and  the  object  of  the  election,  and  may  be  in  the 
following  form,  to  wit : 

NOTICE   OF   ELECTION. 

Notice  is  hereby  given  that  on  the day  of ,  1 . . . , 

an  election  will  be  held  at for  the  purpose  of  electing 

three  school  directors  for  the  new  district  known  as  district  No 

in county,  Illinois.    The  polls  will  be  opened  at 

o'clock m.,  and  closed  at o'clock, m. 

By  order  of  the  trustees  of  schools. 

( Signed) 

Township  Treasurer. 

§61.  At  the  time  appointed  for  opening  the  polls  for  such  election, 
the  qualified  voters  present,  five  of  whom  shall  constitute  a  quorum,  shall 
appoint  two  of  their  number  to  act  as  judges  and  one  as  clerk.  The 
election,  in  all  other  respects,  shall  be  conducted  as  other  elections  of 
school  directors. 


19 

§  62.  Within  ten  days  after  the  election  the  directors  shall  meet  at  a 
convenient  time  and  place  previously  agreed  upon  by  them,  and  organize 
by  appointing  one  of  their  number  president  and  another  of  their  number 
clerk.  At  this  meeting  of  the  directors  they  shall  cast  lots  for  their  terms 
of  office  for  one,  two  and  three  years,  respectively. 

§  63.  In  case  a  new  district  is  organized  by  the  action  of  the  county 
superintendent,  the  clerk  of  the  trustees  of  schools  shall,  within  five  days 
after  he  has  received  notice  of  the  action  of  the"  county  superintendent  on 
the  appeal,  order  an  election  of  directors  in  the  new  district  the  same 
as  if  the  change  had  been  made  by  the  trustees,  and  such  election  shall  be 
held  in  the  same  manner  as  the  election  provided  for  when  the  trustees 
have  formed  a  new  district. 

§  64.  When  a  new  district  has  been  formed  by  the  trustees,  or  by  the 
county  superintendent  or  county  superintendents,  from  a  part  of  a  dis- 
trict or  parts  of  two  or  more  districts,  the  trustees  of  the  township  or 
townships  concerned  shall  make  forthwith  a  distribution  of  tax  funds, 
or  other  funds  in  the  hands  of  the  treasurer,  or  to  which  the  district 
may,  at  the  time  of  such  division,  be  entitled,  so  that  the  old  and  new 
districts  shall  receive  parts  of  such  funds  in  proportion  to  the  amount 
of  taxes  collected  next  preceding  such  division  from  the  taxable  property 
in  the  territory  composing  the  several  districts.  If  the  new  districts 
be  composed  of  parts  of  two  or  more  districts,  the  trustees  shall  make 
distribution  of  such  funds  between  the  new  district  and  the  old  districts 
respectively,  so  that  the  new  district  shall  receive  a  distribution  of  the 
funds  of  each  of  the  old  districts  in  the  proportion  which  the  amount 
of  taxes  collected  from  the  property  in  the  territory  of  the  new  district 
bears  to  the  whole  taxes  collected  next  before  the  division  in  the  old 
district;  and  the  township  treasurer  shall  forthwith  place  the  sum  so 
distributed  to  the  credit  of  the  respective  districts,  and  shall  immediately 
place  the  proportion  of  the  funds  to  which  the  new  district  may  be 
entitled  to  its  credit  on  his  books,  and  the  funds  on  hand  shall  be  subject 
at  once  to  the  order  of  the  directors  of  the  new  district,  and  those  not 
on  hand,  as  soon  as  collected. 

§  65.  When  a  new  district  is  created,  or  within  thirty  days  there- 
after, the  trustees  of  the  township  or  townships  concerned  shall  appoint 
three  appraisers,  who  shall  not  be  residents  of  the  township  or  townships 
interested.  It  shall  be  the  duty  of  such  appraisers,  within  thirty  days 
after  their  appointment,  to  appraise  the  school  property,  real  and  per- 
sonal, of  the  district  or  districts  interested,  at  their  fair  cash  value. 
Within  thirty  days  after  such  appraisement,  the  trustees  of  the  township 
or  townships  concerned  shall  charge  the  property  to  the  district  in  which 
it  may  be  found,  and  credit  the  other  districts  interested  with  its  pro- 
portion of.  such  valuation:  Provided,  however,  that  the  bona  fide  debts 
of  the  old  district  shall  first  be  deducted  and  the  balance  charged  and 
credited  as  aforesaid ;  and  the  trustees  shall  direct  the  treasurer  to  place 
to  the  credit  of  the  district  not  retaining  such  property,  its  proportion 
of  the  value  thereof,  and  of  the  funds  then  on  hand,  or  subsequently  to 
accrue,  belonging  to  the  district  to  which  such  property  is  charged. 


20 

§  66.  The  trustees  of  schools,  elected  as  provided  by  this  Act,  shall 
"be  the  successors  to  the  trustees  of  schools  elected  in  townships  under 
the  provisions  of  "An  Act  to  establish  and  maintain  a  system  of  free 
schools/'  approved  May  21,  1889.  All  rights  of  property,  and  rights 
and  causes  of  action  existing  or  vested  in  the  trustees  of  schools  elected, 
as  aforesaid,  for  the  use  of  the  inhabitants  of  the  township,  or  any  part 
of  them,  shall  vest  in  the  trustees  of  schools  elected  under  this  Act,  as 
successors,  in  as  complete  a  manner  as  was  vested  in  the  trustees  of 
schools  elected  as  aforesaid. 

TOWNSHIP   TREASURER. 

-  §  67.  Within  ten  days  after  the  annual  election  of  trustees  of  schools 
in  1910,  and  biennially  thereafter,  the  trustees  of  schools  shall  elect  a 
treasurer  who  shall  be  ex  officio1  clerk  of  the  board,  and  shall  hold  his 
office  for  two  years.  The  treasurer  shall  be  a  resident  of  the  township, 
but  not  a  trustee  or  director.  It  shall  be  his  duty  to  attend  all  meetings 
and  keep  a  record  of  the  official  proceedings  of  the  trustees  of  schools. 
Such  record  shall  be  open  to  the  inspection  of  any  person  interested. 
All  proceedings,  when  recorded,  shall  be  signed  by  the  president  and  the 
clerk.  If  the  clerk  shall  be  absent,  or  refuse  to  perform  any  of  the  duties 
of  his  office,  a  clerk  pro  tempore  may  be  appointed.  For  good  and  suffi- 
cient cause  "the  treasurer  may  be  removed  from  office  by  the  trustees  of 
schools.  In  case  of  a  vacancy  the  trustees  of  schools  shall  elect  a  treasurer 
for  the  unexpired  term. 

§  68.  Before  entering  upon  his  duties,  the  township  treasurer  shall 
execute  a  bond  with  two  or  more  freeholders,  who  shall  not  be  trustees 
as  securities,  payable  to  the  trustees  of  schools  and  conditioned  upon 
the  faithful  discharge  of  his  duties.  The  penalty  of  such  bond  shall  be 
at  least  twice  the  amount  of  all  bonds,  notes,  mortgages,  moneys  and 
effects  of  which  he  is  to  have  the  custody,  and  shall  be  increased  from 
time  to  time,  as  the  increase  of  the  amount  of  notes,  bonds,  mortgages 
and  effects  may  require,  and  whenever  in  the  judgment  of  the  trustees 
or  county  superintendent  the  security  is  insufficient.  Such  bond  shall 
be  approved  by  at  least  a  majority  of  the  trustees,  be  delivered  by  one 
of  them  to  the  county  superintendent  of  schools,  and  shall  be  in  the 
following  form,  to  wit: 

STATE  OF  ILLINOIS,  ~| 

Vss. 
COUNTY.    J 

Know  All  Men  ~by  These  Presents:  That  we,  A  B,  C  D  and  E  P,  are  held 
and  firmly  bound,  jointly  and  severally,  unto  the  board  of  trustees  of  town- 
ship   ,  Range  ,  in  said  county,  in  the  penal  sum  of 

dollars,  for  the  payment  of  which  we  bind  ourselves,  our 

heirs,  executors  and  administrators  firmly  by  these  presents. 

In  witness  whereof  we  have  hereunto  set  our  hands  and  seals  this  

day  of ,  1 The  condition  of  this  obligation  is 

such  that  if  A  B,  treasurer  of  township   ,  Range ,  in  the 

county  aforesaid,  shall  faithfully  discharge  the  duties  of  his  office,  accord- 
ing to  law,  and  shall  deliver  to  his  successor  in  office,  after  such  successor 
shall  have  qualified  by  giving  bond  as  provided  by  law,  all  moneys,  books, 
papers,  securities  and  property  which  shall  come  into  his  hands  or  con- 


21 

trol,  as  such  township  treasurer,  from  the  date  of  his  bond  up  to  the  time 
that  his  successor  shall  have  qualified  as  township  treasurer,  by  giving 
such  bond  as  shall  be  required  by  law,  then  this  obligation  to  be  void;  other- 
wise to  remain  in  full  force  and  virtue. 

A B [Seal] 

C D [SealJ 

E . .   P [ Seal] 

Approved  and  accepted  by: 

G :..    H 

I J 

K L 

Trustees, 

§  69.  The  township  treasurer  shall  receive  in  full,  for  his  services, 
a  compensation  to  be  fixed,  prior  to  his  election,  by  the  trustees  of 
schools. 

§  70.  The  township  treasurer  shall  be  provided  by  the  trustees  of 
schools  with  a  cash  book,  a  loan  book,  a  district  account  book  and  a 
journal.  In  the  cash  book  he  shall  enter  in  separate  accounts  all  moneys 
received  and  moneys  paid  out,  with  the  amount,  date,  from  whom,  to 
whom,  and  on  what  account  received  or  paid  out ;  or,  if  loaned,  the  date, 
to  whom,  and  the  amount.  Moneys  received  shall  be  charged  to  debit 
account,  and  moneys  paid  out  shall  be  credited  as  follows :  First,  to  the 
principal  of  the  township  fund;  second,  to  the  interest  of  the  township 
fund ;  third,  to  the  common  school  fund  and  other  funds ;  fourth,  to  the 
taxes  received  from  the  county  or  town  collector,  and  for  what  districts 
received;  fifth,  donations;  sixth,  moneys  coming  from  all  other  sources; 
in  all  cases  entering  the  date  when  received,  and  when  paid  out.  In  the 
loan  book  he  shall  enter  a  record  of  all  school  funds  loaned.,  with  the 
amount,  to  whom,  date,  time,  when  due,  and  the  rate  of  interest,  the 
interest  paid,  and  a  description  of  the  securities.  In  the  district  account 
book  he  shall  post  from  the  cash  book  all  receipts  and  expenditures  on 
account  of  any  district,  with  the  amount,  date,  from  or  to  whom,  and 
from  what  sources  and  for  what  purposes.  In  the  journal  he  shall  record 
at  length  the  acts  and  proceedings  of  the  trustees  of  ri^hools,  their  orders, 
by-laws  and  resolutions.  The  township  treasurer  shall  arrange  and  keep 
his  accounts  in  such  manner  as  may  be  directed  by  the  Superintendent 
of  Public  Instruction,  the  county  superintendent  of  schools  or  the  trustees 
of  schools;  and  they  shall  be  subject  at  all  times  to  the  inspection  of 
the  trustees,  the  directors  or  other  persons  authorized  by  this  Act,  or  of 
any  committee  appointed  by  the  voters  of  the  township  at  the  annual 
election  of  trustees  to  examine  the  same. 

§  71.  The  township  treasurer,  shall  be  the  only  lawful  depositary 
and  custodian  of  all  township  and  district  school  funds,  and  shall  demand, 
receipt  for  and  safely  keep,  according  to  law,  all  bonds,  mortgages,  notes, 
moneys,  effects,  books  and  papers  of  ever}7  description  belonging  to  his 
township. 

§  72.  The  township  treasurer  shall  keep  the  principal  of  the  township 
fund  loaned  at  interest.  The  rate  of  interest,  which  shall  not  be  less 
than  4  per  cent,  nor  more  than  7  per  cent,  per  annum,  payable  annu- 
ally, shall  be  determined  by  a  majority  of  the  trustees  of  schools  at 
any  regular  or  special  meeting.  No  loan  shall  be  made  for  less  than 


22 

one  year  nor  more  than  five  years.  All  loans  shall  be  secured  by 
mortgage  on  unincumbered  realty  situated  in  this  State,  worth  at  least 
50  per  cent  more  than  the  amount  loaned,  with  d  condition  that  in 
case  additional  security  shall  be  required  at  any  time  it  shall  be  given, 
to  the  satisfaction  of  the  trustees  of  schools.  In  estimating  the  value 
of  realty  mortgaged  to  secure  the  payment  of  money  loaned^  the  value 
of  improvements  liable  to  be  destroyed  may  be  included;  but  in  such 
case  the  improvements  shall  be  insured  for  their  insurable  value  in  a 
responsible  insurance  company  or  companies,  and  the  policy  or  policies 
shall  be  transferred  to  the  trustees  of  schools  as  additional  security,  and 
shall  be  kept  so  insured  until  the  loan  is  paid.  Nothing  herein  shall 
prevent  the  township  treasurer  from  investing  the  principal  of  the 
township  fund  in  bonds  issued  by  the  State,  the  Sanitary  District  of 
Chicago,  counties,  townships  and  cities  in  this  State,  and  bonds  issued 
by  school  directors  pursuant  to  section  195  of  this  Act.  When  school 
funds  are  held  by  the  treasurer  of  a  district  created  by  any  special  Act, 
such  funds  shall  be  invested  according  to  the  provisions  of  this  section. 

§  73.     Mortgages  to  secure  the  payment  of  money  loaned  under  the 
provisions -of  this  Act  may  be  in  the  following  form,  to  wit: 

I,  A  B,  of  the  county  of ,  State  of. . . . .« ,  do  hereby 

grant,  convey  and  transfer  to  the  trustees  of  schools  of  township  No .  . .  . , 

range  No. . .  .,  in  the  county  of. ... . .». . ... ..,  and  State  of  Illinois,  for 

the  use  of  the  inhabitants  of  said  township,  the  following  described  real 
estate,  to  wit:     (Here  insert  premises),  which  real  estate  I  declare  to 
be  in  mortgage  for  the  payment  of .  .,. .  .1.  . . . ...  .dollars  loaned  to  me 

and  for  the  payment  of  all  interest  that  may  accrue  thereon,  to  be 
computed  at  the  rate  of.  ,(.  ...  .4.  .per  cent  per  annum  until  paid.  And 

I  do  hereby  covenant  to  pay  the  above  sum  of  money  in years 

from  the  date  hereof,  and  to  pay  the  interest  on  the  same  annually,  at 
the  rate  aforesaid.  I  further  covenant  that  I  have  a  good  and  valid 
title  to  said  estate,  and  that  the  same  is  free  from  all  incumbrance,  and 
that  I  will  pay  all  taxes  and  assessments  which  may  be  levied  on  said 
estate,  and  that  I  will  give  any  additional  security  that  may  at  any  time 
be  required  in  writing  by  the  board  of  trustees;  and  if  said  estate  be 
sold  to  pay  said  debt  or  any  part  thereof,  or  for  any  failure  or  refusal 
to  comply  with  or  perform  the  conditions  or  covenants  herein  contained, 
I  will  deliver  immediate  possession  of  the  premises.  And  it  is  further 
agreed  by  and  between  the  parties,  in  case  a  bill  is  filed  in  any  court  to 
foreclose  this  mortgage  for  nonpayment  of  either  principal  or  interest, 
that  the  mortgagor  will  pay  a  reasonable  solicitor's  fee,  and  the  same 
shall  be  included  in  the  decree  and  be  taxed  as  costs ;  and  we,  A  B,  and 
C,  wife  of  A  B,  hereby  release  all  right  to  the  said  premises  which  we 
may  have  by  virtue  of  any  homestead  laws  of  this  State,  and  in  con- 
sideration of  the  premises,  C,  wife  of  A  B,  doth  hereby  release  to  said 
board  all  her  right  and  title  of  dower  in  the  aforegranted  premises  for 
the  purpose  aforesaid. 

In  testimony  whereof,  we  have  hereunto  set  our  hands  and  seals  this 

.....  .day  of. .,  1.  .'.  . 

A...... .B .(Seal.) 

C D (Seal.) 


23 

Which  mortgage  shall  be  acknowledged  and  recorded  as  is  required  by 
law  for  other  conveyances  of  real  estate;  the  mortgagor  paying  the 
expenses  of  acknowledgment  and  recording. 

§  74.  If  default  be  made  in  the  interest  due  upon  money  loaned  by 
any  township  treasurer,  or  in  the  payment  of  the  principal,  interest 
at  the  rate  of  12  per  cent  per  annum  shall  be  charged  upon  the  principal 
and  interest  from  the  day  of  default,  which  interest  shall  be  included  in 
the  assessment  of  damages,  or  in  the  judgment  in  the  suit  or  action 
brought  upon  the  obligation  to  enforce  payment  thereof,  and  interest 
at  the  rate  of  12  per  cent  per  annum  may  be  recovered  in  an  action 
brought  to  recover  interest  only.  The  township  treasurer  is  hereby 
empowered  to  bring  appropriate  actions  in  the  name  of  the  trustees  if  or 
the  recovery  of  the  interest,  when  due  and  unpaid,  without  suing  for 
the  principal,  in  whatever  form  secured. 

§  75.  In  all  cases  in  which  the  trustees  of  schools  shall  require  addi- 
tional security  for  the  payment  of  money  loaned,  and  such  security  shall 
not  be  given,  the  township  treasurer  shall  cause  suit  to  be  instituted 
for  the  recovery  of  the  principal  and  accrued  interest  to  the  date  of 
judgment.  Proof  shall  be  made  of  such  requisition. 

§  76.  Bonds,  mortgages,  notes  and  other  securities  taken  for  money 
or  other  property  due,  or  to  become  due,  to  the  trustees  of  schools  for 
the  township,  shall  be  made  payable  to  them  in  their  corporate  name; 
and  in  such  name,  suits,  actions  and  complaints,  and  every  description 
of  legal  proceedings  may  be  had  for  the  recovery  ?f  money,  breach  of 
contracts  and  for  every  legal  liability  which  may  at  any  time  arise-  or 
exist,  or  upon  which  a. right  of  action  shall  accrue  to  the  use  of  such 
corporation. 

§  77.  On  or  before  the  30th  day  of  June,  annually,  the  township 
treasurer  shall  deliver  to  the  county  superintendent  of  schools  a  state- 
ment, verified  by  his  affidavit,  showing  the  exact  condition  of  the  township 
funds.  Such  statement  shall  contain  a  description  of  all  bonds,  mort- 
gages, notes  and  other  securities  held  as  principal  of  the  township 
fund,  giving  names,  dates,  amounts,  rates  of  interest,  when  due,  and 
other  data  necessary  to  a  full  understanding  of  the  condition  of  the 
funds. 

§  78.  On  the  first  Mondays  in  April  and  October  of  each  year  the 
township  treasurer  shall  submit  to  the  trustees  of  schools  a  statement 
showing  the  amounts  of  interest,  rents,  issues  and  profits  on  township 
lands  and  funds,  that  have  accrued  since  their  last  regular  meeting, 
and  also  the  amount  of  distributive  funds  on  hand.  He  shall  submit 
also  to  the  trustees  for  their  examination  all  books,  mortgages,  bonds, 
notes  and  other  evidences  of  indebtedness  held  by  him  as  treasurer  of  the 
township,  and  shall  make  such  other  statements  touching  the  duties  of 
his  office  as  the  trustees  may  require. 

§  79.  The  township  treasurer  shall  present  to  the  trustees  of  schools, 
at  their  meeting  following  the  annual  election,  a  complete  exhibit  of  the 
fiscal  affairs  of  the  township,  and  of  the  several  districts  or  parts  of 
districts  in  the  township,  showing  the  receipts  of  money,  the  sources 


24 

from  which  they  have  been  derived,  the  deficit  and  delinquencies,  if 
there  be  any,  and  the  cause  of  them,  and  also  a  classified  statement  of 
moneys  paid  out,  and  the  amount  of  obligations  remaining  unpaid, 

§  80.  The  township  treasurer  shall,  within  two  days  after  the  first 
Monday  of  April,  and  on  July  15,  annually,  prepare  for  each  district 
or  part  of  district  in  the  township  a  statement  or  exhibit  of  the  exact 
condition  of  the  account  of  such  district  or  part  of  district,  as  shown  by 
his  books  on  April  1  and  June  30  of  each  year.  Such  statement  or 
exhibit  shall  show  the  balance  on  hand  at  the  time  of  making  the  last 
exhibit,  the  amount  since  received,  when  and  from  what  sources;  and 
also  the-  amount  paid  out  during  that  time,  to  whom  paid,  and  for  what 
purpose,  and  the  statement  shall  be  balanced,  and  the  balance  shown.  It 
shall  be  the  duty  of  the  treasurer  to  comply  with  any  lawful  demand  the 
trustees  may  make  as  to  the  verification  of  any  balance  reported  by  the 
treasurer  to  be  on  hand.  The  exhibit  shall  be  subscribed  and  sworn  to 
by  the  treasurer  before  any  officer  authorized  to  administer  an  oath,  and 
shall  be  without  delay,  delivered  or  transmitted  by  mail  to  the  clerk  of 
the  proper  district. 

§  81.  The  township  treasurer  shall  pay  out  no  funds  of  any  school 
district  except  upon  an  order  of  the  board  of  directors,  signed  by  the 
president  and  clerk,  or  by  a  majority  of  the  board.  When  an  order 
issued  for  the  wages  of  a  teacher  is  presented  to  the  treasurer  and  is  not 
paid  for  want  of  funds,  the  treasurer  shall  endorse  it  over  his  signature, 
'"not  paid  for  want  of  funds,"  with  the  date  of  presentation,  and  shall 
"make  and  keep  a  record  of  such  endorsement.  Such  order  shall  there- 
after draw  interest  at  the  legal  rate  until  paid,  or  until  the  treasurer 
shall  notify  the  clerk,  in  writing,  that  he  has  funds  to  pay  such  order, 
and  the  treasurer  shall  make  and  keep  a  record  of  such  notes,  and  hold 
the  funds  necessary  to  pay  such  order  until  it  is  presented.  Such  order 
shall  draw  no  interest  after  notice  is  given  to  the  clerk. 

§  82.    It  shall  also  be  the  duty  of  the  township  treasurer : 

First — To  return  to  the  county  clerk,  on  or  before  the  second  Monday 
of  August  in  each  year,  the  certificate  of  tax  levy  made  by  each  board  of 
school  directors  in  his  township. 

Second — To  pay  all  lawful  orders  issued  by  the  directors  of  any  district 
in  his  township. 

Third — To  collect  from  the  township  and  county  collectors  the  full 
amount  of  taxes  levied  by  the  directors  in  his  township. 

Fourth — To  examine  the  official  records  of  each  district  in  the  town- 
ship on  the  first  Mondays  in  April  and  October  of  each  year. 

Fifth — To  keep  a  record  account  between  districts  when  pupils  are 
transferred  from  one  district  to  another. 

Sixth — -To  give  notice  of  the  election  of  trustees,  and  in  case  of  the 
formation  of  a  new  school  district,  of  the  election  of  school  directors. 

Seventh — To  give  notice  of  any  regular  or  special  district  election 
when  the  directors  fail  or  refuse  to  do  so. 

Eighth — To  publish  in  some  newspaper  of  his  county  an  annual  state- 
ment of  the  finances  of  the  township. 

Ninth — To  file  all  poll  books  and  returns  of  election  delivered  to  him 
Tinder  the  provisions  of  this  Act. 


§  83.  When  a  district  is  composed  of  parts  of  two  or  more  town- 
ships, any  treasurer  not  authorized  to  receive  the  taxes  of  such  district 
shall  notify  the  directors  of  the  amount  of  funds  held  by  him  to  the 
credit  of  such  district,  and  the  directors  shall  thereupon  give  the  proper 
treasurer  an  order  for  such  funds. 

§  84.  The  township  treasurer,  at  the  expiration  of  his  term  of 
office,  or  upon  his  removal  or  resignation,  or  in  case  of  his  death  his 
representatives  shall  deliver  to  his  successor  all  moneys,  books,  mort- 
gages, notes  and  securities,  and  all  papers  and  documents  of  every  de- 
scription in  which  the  corporation  has  any  lawful  interest. 

TOWNSHIP   HIGH   SCHOOLS. 

§  85.  Upon  petition  of  fifty  or  more  legal  voters  of  any  school  town- 
ship, filed  with  the  treasurer  at  least  fifteen  days  preceding  the  regular 
election  of  trustees,  it  shall  be  the  duty  of  the  treasurer  to  give  notice 
of  an  election  to  be  held  at  the  next  regular  election  of  trustees  for  the 
purpose  of  voting  "for"  or  "against"  the  proposition  to  establish  a  town- 
ship high  school.  Notices  of  such  election  shall  be  posted  in  at  least 
ten  of  the  most  public  places  throughout  the  township,  for  at  least  ten 
•days  before  the  day  of  such  regular  election,  and  may  be  in  the  follow- 
ing form : 

NOTICE    OF    ELECTION. 

Notice  is  hereby  given  that  on  Saturday,  the   day  of  April,  1 , 

an  election  will  be  held  at for  the  purpose  of  voting 

"for"  or  "against"  the  proposition  to  establish  a  township  high  school  for 

the  benefit  of  township  number    ........  range  number   The  polls 

will  be  opened  at   o'clock,   m.,  and  closed  at   o'clock 

m. 

A B 

Township  Treasurer. 

The  ballots  of  such  election  shall  be  canvassed  as  in  other  elections, 
and  may  have  thereon  the  name  of  the  person  or  persons  whom  the 
voter  desires  for  trustee  or  trustees  of  schools. 

§  86.  If  a  majority  of  the  votes  cast  shall  be  in  favor  of  establish- 
ing a  township  high  school,  it  shall  be  the  duty  of  the  trustees  of  schools 
to  call  a  special  election  on  any  Saturday  within  sixty  days,  for  the  pur- 
pose of  electing  a  township  high  school  board  of  education,  to  consist 
of  five  members,  notice  of  which  election  shall  be  given  for  the  same 
time  and  in  the  same  manner  as  provided  in  the  election  of  trustees  of 
schools.  The  members  elected  shall  determine  by  lot,  at  their  first  meet- 
ing, the  length  of  term  each  is  to  serve.  Two  of  the  members  shall  serve 
for  one  year,  two  for  two  years,  and  one  for  three  years  from  the  second 
Saturday  of  April  next  preceding  their  election.  At  the  expiration  of 
the  term  of  office  of  any  member  or  members,  a  successor  or  successors 
shall  be  elected,  each  of  whom  shall  serve  for  three  years,  which  sub- 
sequent election  Fhall  be  held  on  the  same  day  and  in  the  same  manner 
as  the  election  of  trustees  of  schools.  In  case  of  a  vacancv,  the  board 
shall  call  an  election  without  delay,  to  be  held  on  anv  Saturday.  Within 
ten  davs  after  their  election  the  members  of  th°  township  histfi  school 


26 

board  of  education  shall  meet  and  organize  by  electing  one  of  their 
number  president,  and  by  electing  a  secretary.  It  shall  be  the  duty 
of  such  high  school  board  of  education  to  establish,  at  some  central 
point  most  convenient  to  a  majority  of  the  pupils  of  the  township,  a 
high  school  for  the  education 'of  the  more  advanced  pupils.  . 

§  87.  Two  or  more  adjoining  townships,  or  two  or  more  adjoining 
school  districts,  whether  in  the  same  or  different  townships,  may,  upon 
petition  of  at  least  fifty  legal  voters  in  each  of  the  townships  or  school 
districts,  or  if  a  school  district  contains  fewer  than  150  voters,  then 
by  at  least  one-third  of  the  legal  voters  of  such  district,  and  upon  an 
affirmative  vote  in  each  of  such  townships  or  districts,  at  an  election  held 
pursuant  to  the  provisions  of  section  85  of  this  Act,  establish  and  main- 
tain in  the  manner  provided  for  township  high  schools,  a  high  school 
for  the  benefit  of  the  inhabitants  of  the  territory  described  in  such 
petition. 

§  88.  The  inhabitants  of  any  territory  composed  of  parts  of  adjoin- 
ing townships,  who  are  now  maintainiig  a  high  school  and  who  have 
elected  a  board  of  education,  may  create  such  territory  into  a  high  school 
district  by  a  petition  signed  by  fifty  legal  voters  of  such  district  and 
an  affirmative  vote  in  such  district,  and  may  elect  a  board  of  education 
therefor,  a,s  in  other  high  school  districts.  When  part  of  a  township 
has  been  included  in  a  high  school  district  pursuant  to  any  of  the  pro- 
visions of  this  Act,  the  remainder  of  such  township  not  included  in 
any  high  school  district,  shall  constitute  a  township  for  high  school 
purposes. 

§  89.  Any  school  district  having  a  population  of  two  thousand 
(2,000)  inhabitants  or  more  may,  in  the  manner  herein  provided  for 
establishing  and  maintaining  a  township  high  school,  establish  and 
maintain  a  high  school  for  the  benefit  of  the  inhabitants  of  such  school 
district,  and  elect  a  board  of  education  therefor  with  the  same  powers 
conferred  on  township  high  school  boards  of  education.  The  territory 
of  such  district  when  so  organized  for  high  school  purposes  shall  con- 
stitute a  high  school  district  for  high  school  purposes  distinct  and  sep- 
arate from  the  common  school  district  having  the  same  boundaries,  and 
the  high  school  board  of  education  of  such  high  school  district  shall  have 
the  same  power  to  levy  taxes  and  establish  and  maintain  high  schools 
as  township  high  school  boards  of  education  organized  under  this  Act 
possess,  and  such  taxes  shall  be  in  addition  to  the  taxes  authorized  to 
be  levied  by  section  189  of  this  Act.  All  school  districts  which  have 
heretofore  organized  under  this  section,  elected  a  high  school  board  of 
education,  and  are  maintaining  a  high  school,  shall  be  regarded  as  high 
school  districts  distinct  and  separate  from  the  common  school  district 
having  the  same  boundaries,  and  the  high  school  board  of  education  of 
such  high  school  district  shall  have  the  same  power  of  taxation  as 
township  high  school  boards  of  education  organized  under  this  Act. 
A  township  or  part  of  a  township  in  which  there  is  no  township  high 
school  may  be  annexed  to  an  adjacent  high  school  district  organized 
under  this  section  in  the  same  manner  as  near  as  may  be  as  is  provided 
in  sections  94,  95  and  96  of  this  Act  for  the  annexation  of  territory 
to  a  township  in  which  a  high  school  has  been  established. 


27 

§  90.  When  any  city  in  this  State  having  a  population  of  not  less 
than  one  thousand  and  not  exceeding  one  hundred  thousand  inhabitants 
lies  within  two  or  more  townships,  that  township  in  which  a  majority 
of  the  inhabitants  of  the  city  reside  shall,  with  the  city,  constitute  under 
this  Act  a  school  township  for  high  school  purposes. 

§  91.  For  the  purpose  of  building  school  houses,  supporting  the  school 
and  paying  other  necessary  expenses,  the  territory  for  the  benefit  of 
which  a  high  school  is  established  under  any  of  the  provisions  of  this 
Act,  shall  be  regarded  as  a  school  district,  and  the  board  of  education 
thereof  shall,  in  all  respects,  have  the  power  and  discharge  the  duties  of 
school  directors  for  such  district. 

§  92.  When  any  district  desires  to  discontinue  the  high  school,  the 
treasurer,  upon  petition  of  a  majority  of  the  legal  voters  of  the  district 
filed  at  least  fifteen  days  preceding  the  regular  election  of  trustees  of 
schools  with  the  treasurer  of  such  district,  shall  give  notice  of  an  elec- 
tion, to  be  held  on  the  day  of  the  regular  election  of  trustees,  for  the 
purpose  of  voting  "for"  or  "against"  the  proposition  to  discontinue  the 
township  high  school,  which  notice  shall'  be  given  in  the  same  manner 
and  for  the  same  length  of  time,  and  in  substantially  the  same  form,  as 
the  notice  provided  for  in  section  85  of  this  Act.  The  ballots  for  such 
election  shall  be  canvassed  in  the  manner  provided  for  in  section  85 
of  this  Act.  If  a  majority  of  the  votes  cast  at  such  election  shall  be  in 
favor  of  discontinuing  the  high  school,  the  trustees  of  schools  shall 
surrender  the  assets  of  the  high  school  to  the  district  fund  of  the  town- 
ship or  townships  interested  in  proportion  of  the  assessed  valuation  of 
the  townships  or  parts  of  townships  comprising  such  district. 

§  93.  When  any  township  in  any  county  under  township  organization 
shall  contain  two  political  towns  divided  by  a  navigable  stream  as  recog- 
nized by  the  United  States,  each  of  which  shall  contain  a  city  of  not 
less  than  one  thousand  nor  more  than  one  hundred  thousand  inhabitants, 
each  town  shall  constitute  a  township  under  this  Act  for  high  school 
purposes. 

§  94.  A  township  or  part  of  a  township  in  which  there  is  no  township 
high  school  may  be  annexed,  in  the  manner  hereinafter  provided,  to  an 
adjacent  township  in  which  a  township  high  school  has  been  established. 
Upon  petition  of  5  per  cent  of  the  legal  voters  of  the  territory  to  be 
annexed,  and  of  the  township  to  which  annexation  is  desired,  filed  with 
the  treasurers  of  the  respective  townships  at  least  fifteen  days  preceding 
the  regular  election 'of  trustees  of  schools,  the  respective  treasurers  shall 
give  notice  to  the  voters  concerned  that  an  election  for  or  against 
annexing  the  township,  or  part  of  a  township,  as  the  case  may  be,  will 
be  held  at  the  next  regular  election  of  trustees  of  schools  in  each 
township,  by  posting  notices  of  such  election  in  at  least  ten  of  the  most 
public  places  in  the  territory  to  be  annexed,  and  in  the  adjacent  township 
at  least  ten  days  before  the  date  of  such  regular  election.  Such  notice 
may  be  in  the  following  form,  to  wit: 

HIGH    SCHOOL    ANNEXATION. 

Notice  is  hereby  given  that  on  Saturday,  the  day  of  April,  1 , 

an  election  will  be  held  at  for  the  purpose  of  voting  "for"  or 

"against"  the  proposition  to  annex  for  township  high  school  purposes  the 


28 

following  territory,  to-wit:  (Here  insert  the  number  and  range  of  the 
township  when  the  whole  of  the  township  is  to  be  annexed,  or  when  part 
of  a  township  is  to  be  annexed  insert  the  said  part  of  said  township),  to 

township  number ,  range  number (Township  having  an 

established  high  school). 

The  polls  will  be  opened  at  o'clock,  m.,  and  closed  at  

o'clock, m. 

A B : 

Treasurer. 

When  less  than  the  whole  of  a  township  is  to  be  annexed,  only  the 
voters  in  the  territory  to  be  annexed  shall  have  the  right  to  vote,  and 
the  trustees  of  schools  shall  provide  a  voting  place  for  that  territory  and 
the  judges  and  clerks  of  such  election. 

§  95.  If  petitions  request  the  township  treasurers,  respectively,  to 
submit  said  questions  at  a  special  election,  it  shall  be  the  duty  of  the 
township  treasurers  to  call  the  respective  elections,  as  provided  in  the 
foregoing  sections,  for  some  day  and  hour  not  exceeding  thirty  days 
from  the  date  of  the  filing  of  the  petition ;  and  to  give  at  least  ten  days' 
notice  of  the  election,  in  which  event  the  polls  of  the  election  shall  be 
open  in  at  least  two  polling  places  and  for  at  least  four  consecutive 
hours,  and  the  polling  places  in  the  respective  townships  shall  be  desig- 
nated and  fixed  by  the  treasurers  respectively.  If  a  majority  of  the 
votes  cast  in  the  township  having  an  established  high  school,,  and  a 
majority  of  the  votes  cast  in  the  territory  to  be  annexed,  shall  be  in  favor 
of  the  proposition,  the  township  or  territory,  as  the  case  may  be,  shall 
be  and  become  so  annexed,  and  the  property  in  such  township  or  territory 
shall  thereafter  be  subject  to  taxation  for  the  support  and  maintenance 
of  the  township  high  school,  including  the  payment  of  any  bonded 
indebtedness  of  such  township  high  school,  and  interest  thereon  there- 
after falling  due,  as  fully  and  to  the  same  extent  as  is  provided  by 
law  for  the  levying  of  taxes  upon  property  for  the  support  and  mainte- 
nance of  township  high  schools.  The  taxes  collected  from  such  township 
or  territory  annexed  for  the  support  and  maintenance  of  a  township 
high  school  shall  be  paid  by  the  officer  collecting  the  same  to  the  township 
treasurer  of  the  township  having  the  established  high  school. 

§  96.  Such  election  shall  be  held  in  the  manner  provided  by  law  for 
the  holding  of  elections  for  township  trustees  of  schools,  and  the  ballots 
of  such  election  shall  be  canvassed,  and  the  returns  thereof  made  as  in 
other  school  elections.  If  a  majority  of  the  votes  cast  shall  be  in  favor 
of  the  proposition,  it  shall  be  the  duty  of  the  township  treasurer  of  the 
township  which  is  annexed,  or  part  thereof,  as  the  case  may  be,  to  file  a 
certificate  with  the  county  clerk  of  the  county  in  which  such  township  is 
located,  or  if  such  township  is  situated  in  more  than  one  county,  with  the 
respective  clerks  of  such  counties,  certifying  to  the  territory  so  annexed 
and  giving  a  description  thereof. 

§  97.  Upon  the  petition  of  not  less  than  fifty  roters  of  any  high 
school  district,  filed  with  the  township  treasurer  at  least  fifteen  days 
preceding  the  regular  election  of  members  of  the  board  of  education  for 
such  high  school  district,  it  shall  be  the  duty  of  the  treasurer  to  notify 
the  voters  of  such  district  that  an  election  "for"  or  "against"  the 
establishment  of  a  manual  training  department  for  such  high  school  will 


52S) 

be  held  at  the  next  annual  election  of  the  board  of  education  by  posting 
notices  of  such  election  in  at  least  ten  of  the  most  public  places  through- 
out the  township  for  at  least  ten  days  before  the  day  of  such  regular 
election,  which  notice  may  be  in  the  following  form,  to  wit : 

HIGH  SCHOOL  ELECTION. 

Notice  is  hereby  given  that  on  Saturday,  the  day  of  April,  1 , 

an  election  will  be  held  at   ,  for  the  purpose  of  voting  "for'' 

or  "against"  the  proposition  to  establish  a  manual  training  department  for 

the   high    school   in    township  No ,    range    The    polls 

will  be  opened  at o'clock,  . . .  .m.,  and  closed  at o'clock,  . . .  .m. 


Township  Treasurer. 

The  ballots  for  such  election  shall  be  canvassed  as  in  other  elections, 
and  may  have  on  them  the  names  of  the  persons  voted  for  at  such  elec- 
tion. If  a  majority  of  the  votes  cast  shall  be  in  favor  of  establishing 
a  manual  training  department  for  the  high  school  in  such  district,  it 
shall  be  the  duty  of  the  board  of  education  to  establish  and  maintain 
therein  such  department  as  a  part  of  the  high  school. 

COUNTY    NORMAL    SCHOOLS. 

§  98.  In  each  county  adopting  township  organization,  the  board  of 
supervisors,  and  in  other  counties  the  county  court,  may  establish  a 
county  normal  school  for  the  purpose  of  fitting  teachers  for  the  common 
schools.  They  shall  be  authorized  to  levy  taxes  and  appropriate  moneys 
for  the  support  of  said  schools,  and  also  for  the  purchase  of  necessary 
grounds  and  buildings,  furniture,  apparatus,  etc.,  and  to  hold  and 
acquire,  by  gift  or  purchase,  either  from  individuals  or  corporations,  any 
real  estate,  buildings  or  other  property,  for  the  use  of  said  schools,  said 
taxes  to  be  levied  and  collected  as  all  other  county  taxes :  Provided, 
however,  that  in  counties  not  under  township  organization,  county  courts 
shall  not  be  authorized  to  proceed  under  the  provisions  of  this  Act  until 
the  subject  shall  have  been  submitted  to  a  vote  of  the  People,  at  a 
general  election,  and  it  shall  appear  that  a  majority  of  all  the  votes 
cast  on  the  subject,  at  said  election,  shall  be  in  favor  of  the  establishment 
of  a  county  normal  school.  The  ballots  used  in  voting  on  this  subject 
may  read :  "For  a  county  normal  school/'  or  "against  a  county  normal 
school/' 

§  99.  The  management  and  control  of  said  school  shall  be  in  a 
county  board  of  education,  consisting  of  not  less  than  five  nor  more 
than  eight  persons,  of  which  board  the  chairman  of  the  board  of  super- 
visors, or  the  judge  of  the  county  court,  as  the  case  may  be,  and  the 
county  superintendent  of  schools,  shall  be  ex  officio  members.  The 
other  members  shall  be  chosen  by  the  board  of  supervisors  or  county 
court,  and  shall  hold  their  offices  for  a  term  of  three  years.  But  at  the 
first  election  one-third  shall  be  chosen  for  one  year,  one-third  for  two 
years,  and  one-third  for  three  years,  and  thereafter  one-third  shall  be 
elected  annually.  Said  elections  shall  be  held  at  the  annual  meeting 
of  the  board  of  supervisors  in  September,  or  at  the  September  term  of 
the  county  court,  as  the  case  may  be. 


30 

§  100.  Said  board  of  education  shall  have  power  to  hire  teachers, 
and  to  make  and  enforce  all  needful  rules  and  regulations  for  the  man- 
agement of  said  schools.  A  majority  of  the  board  shall  constitute  a 
quorum  for  the  transaction  of  business,  and  a  meeting  of  the  board  may 
be  called  at  any  time  by  the  president  or  secretary,  or  by  any  three  of 
the  members  thereof.  Said  board  shall  proceed  to  organize  within 
twenty  days  after  their  appointment,,  by  electing  a  president,  who  shall 
hold  his  office  for  one  year.  The  county  superintendent  shall  be  &x 
officio  secretary  of  the  board.  Said  board  shall  make  to  the  board  of 
supervisors  at  their  annual  meeting  in  September,  or  to  the  county 
court  at  the  September  term,  as  the  case  may  be,  a  full  report  of  the 
condition  and  expenditures  of  said  county  normal  school,  together  with 
an  estimate  of  the  expenses  of  said  school  for  the  ensuing  year. 

§  101.  Two  or  more  counties  may  unite  in  establishing  a.  normal 
school,  in  which  case  the  per  cent  of  tax  levied  for  the  support  of  said 
school  shall  be  the  same  in  each  county. 

§  102.  In  all  counties  that  have  already  established  normal  schools, 
the  action  of  the  board  of  supervisors  in  so  doing,  and  all  appropria- 
tions made  by  them  for  their  support,  are  hereby  legalized,  and  said 
board  of  supervisors  are  hereby  authorized  and  empowered  to  make 
further  appropriations  for.  the  support  of  such  school  already  established, 
until  such  schools  have  been  established  under  the  previous  sections  of 
this  Act, 

SCHOOL  DIRECTORS. 

§  103.  In  all  school  districts  having  a  population  of  fewer  than 
one  thousand  inhabitants,  and  not  governed  by  any  special  Act,  there 
shall  be  elected  a  board  of  directors  to  consist  of  three  members. 

§  104.  The  directors  of  each  district  shall  be  a  body  politic  and  cor- 
porate, by  the  name  of  "school  directors  of  district  No county 

of .  . and  State  of  Illinois/3  and  by  that  name  may  sue 

and  be  sued  in  all  courts  and  places  where  judicial  proceedings  are  had. 

§  105.  Any  person  not  a  treasurer,  or  a  trustee  of  schools,  who  has 
attained  to  the  age  of  21  years,  who  is  a  resident  of  the  school  district 
and  able  to  read  and  write  the  English  language,  shall  be  eligible  to  the 
office  of  school  director. 

§  106.  The  annual  election  of  school  directors  shall  be  on  the  third 
Saturday  of  April.  At  the  first  regular  election  of  directors  after  the 
passage  of  this  Act,  a  successor  to  the  director  whose  term  of  office  then 
expires  shall  be  elected,  and  thereafter  one  director  shall  be  elected  in 
each  district,  annually,  who  shall  hold  his  office  for  three  years.  When 
vacancies  occur  by  removal  from  the  district  or  otherwise,  the  remain- 
ing director  or  directors  shall,  without  delay,  order  an  election  to  fill 
such  vacancies,  which  election  shall  be  held  on  Saturday. 

§  107.  Notice  of  all  elections  in  organized  districts  shall  be  given 
by  the  directors  at  least  ten  days  previous  to  the  day  of  election.  Such 
notice  shall  be  posted  in  at  least  three  of  the  most  public  places  in  the 
district,  shall  specify  the  place  where  such  election  is  to  be  held,  the 
time  of  opening  and  closing  the  polls,  and  the  question  or  questions  to 
be  submitted,  and  may  be  in  the  following  form,  to  wit: 


31 

NOTICE    OF    ELECTION. 

Notice  is  hereby  given  that  on  Saturday,  the  day  of  April,  1 , 

an  election  will  be  held  at for  the  purpose  of  electing 

school   director for  district  No in 

county.     The  polls  will  be  opened  at o'clock, m., 

and  closed  at o'clock, m. 

Dated  this day  of ,  1 

A B President, 

C D Clerk. 

Should  the  directors  fail  or  refuse  to  order  any  regular  or  special 
election,  it  shall  be  the  duty  of  the  township  treasurer,  or  if  the  town- 
ship treasurer  fails  to  do  so,  of  the  county  superintendent,  to  order  such 
election  within  ten  days. 

§  108.  Two  of  the  directors  ordering  an  election  shall  act  as  judges, 
and  one  as  clerk.  If  the  directors,  or  any  of  them,  shall  fail  to  attend 
an  election,  or  shall  refuse  to  act  when  present,  and  in  elections  to  fill 
vacancies,  the  legal  voters  assembled  shall  choose  such  additional  mem- 
bers as  may  be  necessary  to  act  as  judges  and  clerk  of  the  election.  If 
the  directors  or  judges-  shall  be  of  the  opinion  that  on  account  of  the 
small  attendance  of  voters  the  public  good  requires  it,  or  if  a  majority 
of  the  voters  present  desire  it,  they  shall  postpone  the  election  until  the 
next  Saturday,  at  the  same  time  and  place.  If  notice  shall  not  have  been 
given  as  required,  the  election  shall  be  held  on  any  Saturday,  notice 
being  given  as  required  by  law.  In  case  of  a  tie,  the  judges  shall  decide 
the  vote  by  lot  on  the  day  of  election. 

§  109.  Within  ten  days  after  the  election,  the  judges  shall  cause  the 
poll  book  to  be  delivered  to  the  township  treasurer,  with  a  certificate 
showing  the  election  of  directors  and  the  names  of  the  persons  elected; 
which  poll  book  shall  be  filed  by  the  treasurer,  and  shall  be  evidence  of 
the  election.  In  a  district  divided  by  a  township  line  the  poll  books 
shall  be  returned  to  the  treasurer  who  receives  the  taxes  of  the  district. 

§  110.  Within  ten  days  after  the  annual  election,  the  directors  shall 
meet  and  organize  by  appointing  one  of  their  number  president,  and 
another  of  their  number  clerk.  The  clerk  shall  at  once  report  to  the 
proper  treasurer  or  treasurers  the  names  of  the  president  and  clerk  so 
appointed. 

§  111.  The  directors  shall  hold  regular  meetings  at  such  times  as 
they  may  designate,  and  special  meetings  at  the  call  of  the  president  or 
any  two  members.  No  official  business  shall  be  transacted  by  the  direc- 
tors except  at  a  regular  or  a  special  meeting.  Two  directors  shall  con- 
stitute a  quorum  for  the  transaction  of  business.  If  the  president  or 
clerk  be  absent  from  any  meeting,  or  refuse  to  perform  his  official  duties, 
a  president  or  a  clerk  pro  tempore  shall  be  appointed. 

§  112.  The  clerk  shall  keep  in  a  punctual,  orderly  and  reliable 
manner,  a  record  of  the  official  acts  of  the  board  which  shall  be  signed 
by  the  president  and  the  clerk,  and  submitted  to  the  township  treasurer 
for  his  inspection  and  approval  on  the  first  Mondays  of  April  and 
October,  and  at  such  other  times  as  the  treasurer  may  require.  On  all 
questions  involving  the  expenditure  of  money,  the  yeas  and  nays  shall 
be  taken  and  entered  on  the  records  of  the  proceedings  of  the  board. 


32 

§  113.  On  or  before  the  seventh  day  of  July,  annually,  the  clerk 
shall  report  to  the  treasurer  having  the  custody  of  the  funds  of  his  dis- 
trict, such  statistics  and  other  information  in  relation  to  the  schools  of 
his  district  as  the  treasurer  is  required  to  include  in  his  report  to  the 
county  superintendent  of  schools. 

§  114.  The  board  of  directors  shall  have  the  following  additional 
duties : 

First — To  make,  at  the  annual  election  of  directors,  to  the  voters 
there  present,  a  detailed  report  of  receipts  and  expenditures,  and  trans- 
mit a  copy  of  the  same  within  five  days  to  the  township  treasurer. 

Second — To  report  to  the  county  superintendent  within  ten  days  the 
names  of  all. teachers  employed,  with  the  dates  of  the  beginning  and  end 
of  their  contracts.  • 

Third — To  provide  for  the  revenue  necessary  to  maintain  schools  in 
their  district. 

Fourth — To  determine,  in  case  of  a  district  composed  of  parts  of  two 
or  more  townships,  which  treasurer  is  to  receive  the  taxes  of  the  district, 
and  to  notify  the  collectors  in  writing  accordingly. 

Fifth — To  adopt  and  enforce  all  necessary  rules  and  regulations  for 
the  management  and  government  of  the  public  schools  of  their  district. 

Sixth — To  visit  and  inspect  the  public  schools  as  the  good  of  the 
schools  may  require. 

Seventh — To  appoint  all  teachers  and  fix  the  amount  of  their  sal- 
aries. 

Eighth — To  direct  what  branches  of  study  shall  be  taught,  what  text 
books  and  apparatus  shall  be  used,  and  to  enforce  uniformity  of  text 
books  in  the  public  schools ;  but  they  shall  not  permit  books  to  'be  changed 
oftener  than  once  in  four  years. 

Ninth — To  establish  and  keep  in  operation  for  at  least  six  months  in 
each  year,  and  longer  if  practicable,  a  sufficient  number  of  free  schools 
for  the  accommodation  of  all  persons  in  the  district  over  the  age  of  six 
and  under  twenty-one  years,  and  to  secure  for  all  such  persons  the  right 
and  opportunity  to  an  equal  education  in  such  schools. 

Tenth— To  purchase,  at  the  expense  of  the  district,  a  sufficient  num- 
ber of  text  books  used  to  supply  children  whose  parents  are  unable  to 
buy  them.  Such  text  books  shall  be  loaned  only,  and  the  directors  shall 
require  the  teacher  to  see  that  they  are  properly  cared  for  and  returned 
at  the  end  of  each  term  of  school. 

Eleventh — To  deliver  to  the  township  treasurer  on  or  before  the 
seventh  day  of  July,  annually,  all  teachers'  schedules  made  and  certified 
as  required  by  law. 

Twelfth — To  pay  no  public  money  to  any  teacher  unless  such  teacher 
at  the  time  of  his  or  her  employment  shall  have  held  a  certificate  of 
qualification  obtained  under  the  provisions  of  this  Act,  and  shallhave 
kept  and  furnished  schedules  as  required  by  this  Act,  and  shall  have 
satisfactorily  accounted  for  books,  apparatus  and  other  property  of  the 
district  that  he  may  have  taken  in  charge. 


33 

Thirteenth — To  cause  a  copy  of  the  township  treasurer's  report  of 
the  financial  condition  of  the  district  to  be  entered  upon  the  records  of 
the  district,  and  to  post  the  same  at  the  front  door  of  the  building  where 
the  annual  election  of  directors  is  held. 

§  115.  The  board  of  school  directors  shall  be  clothed  with  the  fol- 
lowing powers : 

First — To  purchase  a  suitable  book  for  their  records. 

Second — To  allow  the  clerk  a  reasonable  compensation  for  his  ser- 
vices, payable  out  of  money  not  otherwise  appropriated. 

Third — To  dismiss  a  teacher  for  incompetency,  cruelty,  negligence, 
immorality  or  other  sufficient  cause. 

Fourth — To  assign  pupils  to  the  several  schools  in  the  district;  to 
admit  non-resident  pupils  when  it  can  be  done  without  prejudice  to  the 
rights  of  resident  pupils;  to  fix  rates  of  tuition,  and  to  collect  and  pay 
the  same  to  the  township  treasurer  for  the  use  of  the  district. 

Fifth — To  suspend  or  expel  pupils  guilty  of  gross  disobedience  or 
mis-conduct,  and  no  action  shall  lie  against  them  for  such  expulsion 
or  suspension. 

Sixth — To  provide  that  children  under  twelve  years  of  age  shall  not 
be  kept  in  school  more  than  four  hours  daily. 

Seventh — To  appropriate  school  funds  for  the  purchase  of  libraries 
and  apparatus,  after  provision  has  been  made  for  the  payment  of  all 
necessary  school  expenses. 

Eighth — To  sell  at  public  or  private  sale  any  personal  property  be- 
longing to  the  school  district,  and  not  needed  for  school  purposes. 

Ninth — To  grant  special  holidays  whenever  in  their  judgment  such 
action  is  advisable,  but  no  deduction  shall  be  made  from  the  time  or 
compensation  of  a  teacher  on  account  of  such  days. 

Tenth — To  have  the  control  and  supervision  of  all  public  school  houses 
in  their  district,  and  to  grant  the  temporary  use  of  them,  when  not  occu- 
pied by  schools,  for  religious  meetings  and  Sunday  schools,  for  evening 
schools  and  literary  societies,  and  for  such  other  meetings  as  the  direc- 
tors may  deem  proper. 

Eleventh — To  decide  when  a  site  or  building  has  become  unnecessary, 
unsuitable,  or  inconvenient  for  a  school. 

Twelfth — To  borrow  money,  and  issue  bonds  for  the  purposes  and  in 
the  manner  provided  by  this  Act. 

Thirteenth — To  furnish  each  school  with  a  flag  and  staff,  as  provided 
by  law. 

Fourteenth — To  establish  classes  having  an  average  attendance  of 
not  fewer  than  fifteen  pupils  for  the  instruction  of  crippled  children 
over  the  age  of  six  and  under  twenty- one  years. 

Fifteenth — To  establish  classes  for  the  instruction  of  deaf  children 
over  the  age  of  three  and  under  twenty-one  years :  Provided,  however, 
that  no  person  shall  be, employed  to  teach  the  deaf  who  shall  not  have 
received  instruction  in  the  methods  of  teaching  the  deaf  for  a  term  of 
not  less  than  one  year. 


—3  S  T, 


34 

Sixteenth — To  establish  kindergartens  for  the  instruction  of  children 
between  the  age  of  four  and  six  years,,  when  authorized  by  a  majority 
of  the  votes  cast  at  an  election  held  for  that  purpose  under  the  pro- 
visions of  section  198  of  this  Act:  Provided,  however,  that  the  tuition 
or  other  expenses  of  such  kindergartens  shall  be  defrayed  from  the 
local  tax  and  from  the  special  school  revenue  of  the  district :  And,  pro- 
vided, -further,  that  no  one  shall  be  employed  to  teach  in  a  kindergarten 
who  does  not  hold  a  certificate  issued  as  provided  by  law  certifying  that 
the  holder  has  been  examined  upon  kindergarten  principles  and  is  com- 
petent to  teach  the  same. 

§  116.  Every  order  issued  by  the  school  director  shall  state  for 
what  purposes  or  on  what  account  it  is  issued,  and  shall  be  in  the  fol- 
lowing form,  to  wit: 

$ STATE  OF  ILLINOIS, ,  1 ... 

THE  TREASURER  OF  TOWNSHIP. 

No Range  No ,  in County, 

Pay  to  the  order  of  

the  sum  of  Dollars, 

100 

for 

By   order   of  the   Board   of   Directors   of 

District  No. in  said  County. 

President, 

Order  No.  Clerk. 

An  order  paid  in  full  and  properly  endorsed  shall  be  a  sufficient  re- 
ceipt for  the  purposes  of  this  Act.  The  school  directors  shall  issue  no 
order,  except  for  teachers'  wages,  unless  at  the  time  there  are  sufficient 
funds  in  the  hands  of  the  treasurer  to  pay  it. 

§  117.  When  there  is  no  money  in  the  treasury  to  defray  the  or- 
dinary and  necessary  expenses  of  the  district,  the  directors  may  issue 
warrants  against  and  in  anticipation  of  any  taxes  levied  for  the  payment 
of  the  ordinary  and  necessary  expenses  of  the  district,  to  the  extent  of 
75  per  cent  of  the  total  amount  of  the  tax  levied.  Such  warrants  shall 
show  upon  their  face  that  they  are  payable  solely  from  the  taxes  when 
collected,  and  shall  be  received  by  any  collector  of  taxes  in  payment  of 
the  taxes  against  which  they  are  issued.  And  such  taxes  shall  be  set 
apart  and  held  for  their  payment. 

§  118.  The  directors  shall  pay  the  wages  of  teachers  monthly.  f  Up- 
on the  receipt  of  a  schedule  properly  certified  the  directors  shall  forth- 
with issue  and  deliver  to  the  teacher  an  order  on  the  township  treasurer 
for  the  amount  named  in  the  schedule.  Such  order  shall  state  the  rate 
and  time  for  which  the  teacher  is  paid.  It  shall  not  be  lawful  for  the 
directors  to  issue  an  order  until  ihey  have  duly  certified  to  the  schedule ; 
nor  shall  it  be  lawful  for  the  directors,-  after  the  date  for  filing  schedules 
as  fixed  by  law,  to  certify  any  schedule  not  delivered  to  them  before  that 
date,  when  such  schedule  is  for  time  taught  before  the  first  of  July  pre- 
ceding, nor  to  give  an  order  in  payment  of  a  teacher's  wages  for  the  time 
covered  by  such  delinquent  schedule. 


35 

§  119.  It  shall  not  be  lawful  for  a  board  of  directors  to  purchase  or 
locate  a  school  house  site,  or  to  purchase,  build  or  move  a  school  house, 
or  to  levy  a  tax  to  extend  schools  beyond  nine  months,  without  a  vote  of 
the  people  at  an  election  called  and  conducted  as  required  by  section  198 
of  this  Act.  A  majority  of  the  votes  cast  shall  be  necessary  to  authorize 
the  directors  to  act.  If  no  locality  shall  receive  a  majority  of  the  votes, 
the  directors  may  select  a  suitable  site.  The  site  selected  by  either 
method  shall  be  the  school  site  for  such  district. 

£  120.  In  case  the  compensation  for  the  school  house  site  cannot  be 
agreed  upon,  it  shall  be  the  duty  of  the  directors  to  have  such  compensa- 
tion determined  in  the  manner  provided  by  law  for  the  exercise  of  the 
right  of  eminent  domain :  Provided,  however,  that  no  tract  of  land  out- 
side the  limits  of  any  incorporated  city  or  village,  and  within  forty  rods 
of  the  dwelling  of  the  owner  of  the  land,  shall  be  taken  for  a  school  site 
without  the  owners  consent. 

§  121.  Pupils  may  be  transferred  from  one  district  to  another  upon 
the  written  consent  of  a  majority  of  the  directors  of  each  district,  which 
written  consent  shall  be  filed  with  the  treasurer  and  shall  be  evidence 
of  such  consent.  The  duty  of  collecting  the  amount  due  on  account  of 
pupils  transferred  shall  devolve  upon  the  directors  of  the  district  in 
which  the  school  was  taught. 


BOARDS   OF  EDUCATION. 

§  123.  In  all  school  districts  having  a  population  of  not  fewer  than 
one  thousand  and  not  more  than  one  hundred  thousand  inhabitants, 
and  not  governed  by  special  Acts,  and  in  such  other  districts  as  may 
hereafter  be  ascertained  by  any  special  or  general  census  to  have  such 
population,  there  shall  be  elected  a  board  of  education  to  consist  of  a 
president,  six  members  and  three  additional  members  for  every  additional 
ten  thousand  inhabitants:  Provided,  however,  that  in  no  case  shall 
such  board  consist  of  more  than  fifteen  members.  When  such  board  of 
education  is  the  successor  of  the  school  directors,  all  rights  of  property, 
and  all  rights  regarding  causes  of  action  existing  or  vested  in  such  direc- 
tors, shall  vest  in  it  as  fully  and  completely  as  they  were  vested  in  the 
school  directors. 

§  124.  Incorporated  cities  and  villages,  except  such  as  have  con- 
trol of  schools  by  special  Acts,  shall  remain  parts  of  the  school  townships 
in  which  they  are  situated  and  be  subject  to  the  provisions  of  this  Act. 

§  125.  The  president  of  the  board  of  education  shall  be  elected  an- 
nually, at  the  time  the  members  of  the  board  are  elected,  and  shall  hold 
his  office  for  the  term  of  one  year.  He  shall  preside  at  all  meetings, 
but  shall  have  no  vote  except  in  case  of  a  tie.  He  shall  perform  such 
duties  as  are  imposed  by  law  upon  presidents  of  boards  of  directors,  or 
such  as  may  be  imposed  upon  him  by  the  board  of  education. 

§  126.  The  election  of  boards  of  education  shall  be  governed  by  the 
provisions  of  this.  Act  relating  to  the  election  of  boards  of  directors : 
Provided,  however,  that  boards  of  education  shall  have  power  to  estab- 
lish a  suitable  number  of  voting  precincts,  and  fix  the  boundaries  there- 


36 

of  for  the  accommodation  of  the  voters  of  the  district  in  which  such 
election  is  held,  in  each  of  which  voting  precincts  there  shall  be  one  poll- 
ing place  designated  by  the  board.  Whenever  the  board  of  education 
shall  establish  more  than  one  voting  precinct  for  such  election  they  shall 
appoint  two  judges  and  one  clerk  for  each  polling  place,  assigning  so 
far  as  practicable  at  least  one  member  of  such  board  to  each  polling 
place.  When  the  time  for  the  election  of  members  of  boards  of  educa- 
tion or  boards  of  inspectors  is  fixed  by  virtue  of  any  special  Act,  such- 
election  may  be  held  at  the  time  provided  for  the  election  of  school 
directors. 

§  127.  The  board  of  education  shall  have  all  the  powers  of  school 
directors,  be  subject  to  the  same  limitations,  and,  in  addition  thereto,, 
they  shall  have  the  power,  and  it  shall  be  their  duty : 

First — To  establish  and  support  free  schools  for  not  less  than  six  nor 
more  than  ten  months  in  each  year. 

Second — To  repair  and  improve  school  houses  and  furnish  them  with 
the  necessary  fixtures,  furniture,  apparatus,  libraries  and  fuel. 

Third — To  examine  teachers  by  examinations  supplemental  to  any 
other  examinations,  and  to  employ  teachers  and  fix  the  amount  of  their 
salaries. 

Fourth — To  establish  schools  of  different  grades,  to  adopt  regulations 
for  the  admission  of  pupils  into  the  same,  and  to  assign  pupils  to  the- 
several  schools. 

Fifth — To  buy  or  lease  sites  for  school  houses  with  the  necessary 
grounds :  Provided,  however,  that  it  shall  not  be  lawful  for  such  board 
of  education  to  purchase  or  locate  a  school  house  site,  or  to  purchase, 
build  or  move  a  school  house,  unless  authorized  by  a  majority  of  all  the- 
votes  cast  at  an  election  called  for  such  purpose  in  pursuance  of  a  petition 
signed  by  not  fewer  than  five  hundred  legal  voters  of  such  district,  or 
by  one-fifth  of  all  the  legal  voters  of  such  district :  And,  provided., 
further,  that  if  no  locality  shall  receive  a  majority  of  all  the  votes  cast 
at  such  election,  the  board  of  education  may,  if,  in  their  judgment,  the 
public  interest  requires  it,  proceed  to  select  a  suitable  school  house  site : 
and  the  site  so  chosen  by  them  in  such  case  shall  be  legal  and  valid 
the  same  as  if  it  had  been  determined  by  a  majority  of  all  the  votes  cast ; 
and  the  site  so  selected  shall  be  the  school  house  site  for  such  district; 
and  said  district  shall  have  the  right  to  take  the  same  for  the  purpose  of 
a  school  house  site,  either  with  or  without  the  owner's  consent,  by  con- 
demnation or  otherwise:  And,  provided,  further,  that  all  school  hou^e 
sites  heretofore  located  or  selected  by  boards  of  education  in  cases  in 
which  at  an  election  duly  called  and  held  as  herein  provided,  no  site 
received  a  majority  of  the  votes  cast,  are  hereby  legalized  and  made  valid 
school  house  sites  in  and  for  the  district  for  which  they  were  so  located 
and  selected. 

Sixth — To  levy  a  tax  to  extend  schools  beyond  a  period  of  ten  months,, 
in  each  year,  upon  a  petition  of  a  majority  of  the  voters  of  the  district. 

Seventh — To  employ  a  competent  superintendent  \vho  may  be  required 
to  act  as  principal  or  teacher  in  such  schools. 

Eighth — To  divide  the  district  into  sub-districts,  to  create  new 
and  to  alter  or  consolidate  them. 


3*«  X 

< 

Ninth — To  dismiss  and  remove  any  teacher,  whenever  in  their  opinion 
he  is  not  qualified  to  teach,  or  whenever  in  their  opinion  the  interests  of 
the  school  may  require  it. 

Tenth — To  apportion  the  pupils  to  the  several  schools. 

Eleventh — To  appoint  a  secretary  who  shall  keep  a  faithful  record  of 
all  their  proceedings. 

Twelfth — To  prepare  and  publish  annually  in  some  newspaper,  or  in 
pamphlet  form,  a  report  including  the  school  attendance  in  the  year 
preceding,  the  program  of  studies,  the  number  of  persons  between  the 
ages  of  12  and  21  unable  to  read  and  write,  and  a  statement  of  the 
receipts  and  expenditures,  with  the  balance  on  hand. 

Thirteenth — To  request  the  trustees  of  schools,  in  writing,  to  convey 
any  real  estate  or  interest  therein  used  for  school  purposes,  or  held  in 
trust  for  schools. 

BOARDS  OF  EDUCATION   IN    CITIES   OF   ONE   HUNDEED   THOUSAND. 

§  128.  In  cities  having  a  population  exceeding  100,000  inhabitants, 
the  board  of  education  shall  consist  of  twenty-one  members,  to  be 
appointed  by  the  mayor,  by  and  with  the  advice  and  consent  of  the 
common  council,  seven  of  whom  shall  be  appointed  for  the  term  of  one 
year,  seven  for  the  term  of  two  years,  and  seven  for  the  term  of  three 
years.  At  the  expiration  of  the  term  of  any  members  of  said  board,  their 
successors  shall  be  appointed  in  like  manner  and  shall  hold  their  office 
for  the  term  of  three  years.  Any  vacancy  which  may  occur  shall  be  filled 
by  appointment  of  the  mayor,  with  the  approval  of  the  common  council, 
for  the  unexpired  term. 

§  129.  Any  person  having  resided  in  any  such  <.-ity  more  than  five 
years  next  preceding  his  appointment  shall  be  eligible  to  membership 
of  such  board  of  education. 

§  130.  The  board  of  education  shall  appoint  one  of  its  members 
president.  It  shall  also  appoint  a  secretary  and  such  other  officers  and 
employes  as  it  shall  deem  necessary,  and  shall  prescribe  their  duties, 
compensation  and  terms  of  office. 

§  131.  The  board  shall  provide  books  in  which  shall  be  kept  a  faith- 
ful record  of  all  their  proceedings.  The  yeas  and  nays  shall  be  taken 
and  entered  on  the  records  of  the  proceedings  of  the  board  upon  all 
questions  involving  the  expenditure  of  money. 

§  132.  The  board  of  education  shall  have  charge  and  control  of  the 
public  schools  in  such  cities,  and  shall  have  power  with  the  concurrence 
of  the  city  council: 

First — To  erect  or  purchase  buildings  suitable  for  school  houses,  and 
keep  the  same  in  repair. 

Second — To  buy  or  lease  sites  for  school  houses  with  the  necessary 
grounds.  If  the  board  of  education  shall  be  unable  to  agree  with  the 
owner  or  owners  for  the  purchase  of  such  site,  then,  with  the  concurrence^ 
of  the  city  council,  it  may  acquire  the  title  to  such  site  in  the  manner 
provided  by  law  for  the  exercise  of  the  right  of  eminent  domain.  Such 
proceedings  to  condemn  shall  be  in  the  name  of  the  t.i*y  in  trust  for  the 
laee  of  schools. 


38 

Third — To  issue  bonds  for  the  purpose  of  building,  furnishing  and 
repairing  school  houses,  for  purchasing  school  sites,  iUid  to  provide  for 
the  payment  of  such  bonds;  and  to  borrow  money  for  school  purposes 
upon  the  credit  of  the  city. 

§  133.    The  said-  board  of  education  shall  have  power : 

First — To  furnish  schools  with  the  necessary  fixtures,  furniture  and 
apparatus. 

Second — To  maintain,  support  and  establish  schools  and  supply  from 
taxes  the  inadequacy  of  the  school  funds  for  the  salaries  of  teachers. 

Third — To  hire  buildings  or  rooms  for  the  use  of  the  board  or  of 
schools. 
"  Fourth — To  employ  teachers  and  fix  the  amount  of  their  compensation. 

Fifth — To  prescribe  the  school  books  to  be  used,  and  the  studies  in  the 
different  schools. 

Sixth — To  divide  the  city  into  school  districts,  and  to  alter-  them  and 
create  new  ones  as  circumstances  may  require,  and  generally  to  have  and 
possess  all  the  rights,  powers  and  authority  required  for  the  proper 
management  of  schools,  with  power  to  enact  such  ordinances  as  may  be 
deemed  necessary  and  expedient  for  such  purpose. 

Seventh — To  expel  any  pupil  guilty  of  gross  disobedience  or  mis- 
conduct. 

Eighth — To  dismiss  and  remove  any  teacher  for  cause  in  the  manner 
provided  in  section  161  of  this  Act. 

Ninth — To  apportion  the  pupils  to  the  several  schools. 

Tenth — To  lease  school  property  and  to  lend  moneys  belonging  to  the 
school  fund. 

Eleventh — To  grant  the  use  of  assembly  halls  and  class  rooms  when 
not  otherwise  needed,  including  light,  heat  and  attendants,  for  public 
lectures,  concerts  and  other  educational  and  social  interests,  free  of 
cost,  but  under  such  provisions  and  control  as  they  may  see  fit 
to  impose. 

§  134.    It  shall  be  the  duty  of  the  board  of  education : 

First — To  superintend  and  control  the  schools  in  such  cities. 

Second — To  examine  all  persons  offering  themselves  as  candidates  for 
teachers,  and,  when  found  well  qualified,  to  give  them  certificates  gra- 
tuitously. 

Third — To  visit  all  the  public  schools  as  often  as  once  a  month. 

Fourth — To  establish  such  by-laws,  rules  and  regulations  for  the 
establishment,  maintenance  and  government  of  a  proper  and  uniform 
system  of  discipline  in  the  several  schools  as  may  in  their  opinion  be 
necessary. 

Fifth — To  determine  from  time  to  time  how  many  and  what  class  of 
teachers  may  be  employed  in  each  of  the  public  schools,  and  to  employ 
such  teachers  and  fix  their  compensation. 

Sixth — To  take  charge  of  the  school  houses,  furniture,  grounds  and 
other  property  belonging  to  the  school  districts,  and  see  that  they  are 
kept  in  good  condition  and  not  suffered  to  be  unnecessarily  injured  or 
deteriorated. 


39 

Seventh — To  provide  fuel  and  such  other  necessaries  for  the  schools 
i\$,  in  their  opinion,  may  be  required  in  the  school  houses  or  other 
property  belonging  to  the  said  districts. 

Eighth — To  establish  and  maintain  vacation  schools  and  play  grounds 
under  such  rules  and  regulations  as  it  shall  prescribe. 

Ninth — To  inquire  into  the  progress  of  pupils  and  the  government 
of  the  schools. 

Tenth — To  prescribe  the  method  and  course  of  discipline  and  instruc- 
tion in  the  respective  schools,  and  to  see  that  they  are  maintained  and 
pursued  in  the  proper  manner. 

Eleventh — To  prescribe  what  studies  shall  be  taught,  and  what  books 
and  apparatus  shall  be  used. 

Twelfth — To  report  to  the  city  council,  from  time  to  time,  any 
suggestions  they  may  deem  expedient  or  requisite  in  relation  to  the 
schools  and  the  school  fund,  or  the  management  thereof,  and  generally 
to  recommend  the  establishment  of  new  schools  and  districts. 

Thirteenth — To  prepare  and  publish  an  annual  report,  which  shall 
include  the  receipts  and  expenditures  of  each  school,  specifying  the- 
source  of  such  receipts  and  the  object  of  such  expenditures. 

Fourteenth — To  communicate  to  the  city  council,  from  time  to  time,, 
such  information  as  may  be  required. 

§  135.  None  of  the  powers  herein  conferred  upon  the  board  of 
education  of  such  cities  shall  be  exercised  except  at  a  regular  meeting. 

§  136..  All  conveyances  of  real  estate  shall  be  made  to  the  city  and 
the  title  of  all  property  acquired  by  condemnation  shall  be  vested  in  the 
city,  in  trust  for  the  use  of  schools,  and  no  sale  of  real  estate  or  interest 
therein  used  for  school  purposes  or  held  in  trust  for  schools  shall  be 
made,  except  by  the  city  council  upon  the  written  request  of  the  board 
of  education. 

§  137.  All  moneys  raised  by  taxation  for  school  purposes  or  received 
from  the  State  common  school  fund,  or  from  any  other  source  for 
school  purposes,  shall  be  held  by  the  city  treasurer  as  a  special  fund  for 
school  purposes,  subject  to  the  order  of  the  board  of  education,  upon 
warrants  to  be  countersigned  by  the  mayor  and  city  comptroller,  or,  if 
there  be  no  city  comptroller,  by  the  city  clerk. 

§  138.  The  board  of  education  shall  not  add  to  the  expenditures 
for  school  purposes  anything  over  and  above  the  amount  that  shall  be 
received  from  the  State  common  school  fund,  the  rental  of  school  lands 
or  property,  and  the  amount  annually  appropriated  for  such  purposes. 
If  the  board  shall  add  to  such  expenditure,  the  city  shall  not,  in  any 
ca^e,  be  liable  therefor.  And  nothing  herein  container]  shall  be  construed 
so  as  to  authorize  the  levy  or  collection  of  any  tax  upon  the  demand  or 
under  the  direction  of  the  board  of  education. 

§  139.  All  schools  in  such  cities  shall  be  governed  as  herein  provided 
and  no  power  given  to  the  board  of  education  shall  be  exerciser!  by  the 
oitv  council  of  such  cities. 


40 

PARENTAL  SCHOOLS. 

§  140.  In  cities  having  a  population  of  100,000  inhabitants  or  more, 
there  shall  be  established,  maintained  and  conducted,  one  or  more 
parental  or  truant  schools  for  the  purpose  of  affording  a  place  of  confine- 
ment, discipline,  instruction  and  maintenance  of  children  of  compulsory 
school  age  who  may  be  committed  thereto  in  the  manner  hereinafter 
provided. 

§  141.  For  the  purpose  of  establishing  such  school  or 'schools,  sites 
may  be  purchased  and  buildings  constructed  or  premises  rented  in  the 
same  manner  as  is  provided  for  in  the  case  of  public  schools  in  such 
cities;  but  no  such  school  shall  be  located  at  or  near  any  penal  institu- 
tion. It  shall  be  the  duty  of  the  board  of  education  to  furnish  such 
schools  with  such  furniture,  fixtures,  apparatus  and  provisions  as  may 
be  necessary  for  the  maintenance  and  operation  thereof. 

§  142.  The  board  of  education  may  also  employ  a  superintendent 
and  all  other  necessary  officers,  agents  and  teachers;  and  shall  prescribe 
the  methods  of  discipline  and  the  course  of  instruction;  and  shall  exer- 
cise the  same  powers  and  perform  the  same  duties  as  are  prescribed  by 
law  for  the  management  of  other  schools. 

§  143.  No  religious  instruction  shall  be  given  in  such  school  except 
such  as  allowed  by  law  to  be  given  in  public  schools;  but  the  board  of 
-education  shall  make  suitable  regulations  so  that  the  inmates  may 
receive  religious  training  in  accordance  with  the  belief  of  the  parents  of 
such  children,  either  by  allowing  religious  services  to  be  held  in  the 
institution  or  by  arranging  for  attendance  at  public  service  elsewhere. 

§  144.  It  shall  be  the  duty  of  the  truant  officer  or  agent  of  such 
board  of  education  to  petition,  and  any  reputable  citizen  of  the  city 
may  petition,  the  county  or  circuit  court  of  the  county  to  inquire  into 
the  case  of  any  child  of  compulsory  school  age  who  is  not  attending 
school,  and  who  has  been  guilty  of  habitual  truancy,  or  persistent  viola- 
tion of  the  rules  of  the  public  school,  and  the  petition  shall  also  state 
the  names,  if  known,  of  the  father  and  mother  of  such  child,  or  the 
survivor  of  them;  and  if  neither  father  nor  mother  of  such  child  is 
living,  or  found  in  the  county,  or  if  their  names  cannot  be  ascertained, 
then  the  name  of  the  guardian,  if  there  be  one  known;  and  if  there  be 
a  parent  living  whose  name  can  be  ascertained,  or '  a  guardian,  the 
petition  shall  show  whether  or  not  the  father  or  mother  or  a  guardian 
consents  to  the  commitment  of  such  child  to  such  parental  .or  truant 
school. '  Such  petition  shall  be  verified  by  oath  upon  the  belief  of  the 
petitioner,  and  upon  being  filed  the  judge  of  the  county  or  circuit  court 
shall  have  the  child  named  in  the  petition  brought  before  him  for  the 
purpose  of  determining  the  application  in  such  petition  contained.  But 
no  child  shall  be  committed  to  such  school  who  has  ever  been  convicted 
of  any  offense  punishable  by  confinement  in  any  penal  institution. 

§  145.  Upon  the  filing  of  such  petition  the  clerk  of  the  court  shall 
issue  a  writ  to  the  sheriff  of  the  county  directing  him  to  bring  such  child 
before  the  court,  and  if  the  court  shall  find  that  the  material  facts  set 
forth  in  the  petition  are  true,  and  if,  in  the  opinion  of  the  court,  such 


41 

child  is  a  fit  person  to  be  committed  to  such,  parental  or  truant  school, 
an  order  shall  be  entered  that  such  child  be  committed  to  such  parental 
or  truant  school,  to  be  kept  there  until  he  or  she  arrives  at  the  age  of 
fourteen  years,  unless  sooner  discharged  in  the  manner  hereinafter  set 
forth.  Before  such  hearing  notice  in  writing  shall  be  given  to  the 
parent  or  guardian  of  such  child,  if  known,  of  the  proceedings  about 
to  be  instituted,  that  he  or  she  may  appear  and  resist  the  same  if  either 
of  them  so  desire. 

§  146.  It  shall  be  the  duty  of  the  parent  or  guardian  of  any  child 
committed  to  this  school  to  provide  suitable  clothing  upon  his  or  her 
•entry  into  such  school  and  from  time  to  time  thereafter  as  it  may  be 
needed,  upon  notice  in  writing  from  the  superintendent  or  other  proper 
officer  of  the  school.  In  case  any  parent  or  guardian  shall  refuse  or 
neglect  to  furnish  such  clothing,  the  same  may  be  provided  by  the  board 
of  education,  and  such  board  may  have  an  action  against  such  parent  or 
guardian  of  the  child  to  recover  the  cost  of  such  clothing  with  10  per 
cent  additional  thereto. 

§  147.  The  board  of  education  of  such  city  shall  have  power  to  es- 
tablish rules  and  regulations  under  which  children  committed  to  such 
parental  or  truant  school  may  be  allowed  to  return  home  upon  parole, 
but  to  remain  while  upon  parole  in  the  legal  custody  and  under  the 
control  of  the  officers  and  agents  of  such  school,  and  subject  at  any  time 
to  be  taken  back  within  the  enclosure  of  such  school  by  the  superinten- 
dent or  an  authorized  officer  of  said  school  except  as  hereinafter  pro- 
vided ;  and  full  power  to  enforce  such  rules  and  regulations  to  retake  any 
such  child  so  upon  parole  is  hereby  conferred  upon  said  board  of  educa- 
tion. No  child  shall  be  released  upon  parole  in  less  than  four  weeks 
from  the  time  of  his  commitment,  nor  thereafter  until  the  superin- 
tendent of  such  parental  or  truant  school  shall  have  become  satisfied 
from  the  conduct  of  the  child  that,  if  paroled,  he  or  she  will  attend  regu- 
larly the  public  or  private  school  to  which  he  or  she  may  be  sent  by 
his  or  her  parents  or  guardian  and  shall  so  certify  to  the  board  of  educa- 
tion. 

§  148.  It  shall  be  the  duty  of  the  principal  or  other  persons  having 
charge  of  the  school  to  which  such  child  so  released  upon  parole  may  be 
sent  to  report  at  least  once  each  month  to  the  superintendent  of  the 
parental  or  truant  school,  stating  whether  or  not  such  child  attends 
school  regularly  and  obeys  the  rules  and  requirements  of  said  school; 
and  if  such  child  so  released  upon  parole  shall,  be  regular  in  his  or  her 
attendance  at  school  and  his  or  her  conduct  as  a  pupil  shall  be  satisfac- 
tory for  a  period  of  one  year  from  the  date  on  which  he  or  she  was  re- 
leased upon  parole,  he  or  she  shall  then  be  finally  discharged  from  the 
parental  or  truant  school,  and  shall  not  be  recommitted  thereto  except  on 
petition  as  hereinbefore  provided. 

§  149.  In  case  any  child  released  from  said  school  upon  parole,  as 
hereinbefore  provided,  shall  violate  the  conditions  of  his  or  her  parole 
at  any  time  within  one  year  thereafter,  he  or  she  shall,  upon  the  order 
of  the  board  of  education,  as  hereinbefore  provided,  be  taken  back  to 
such  parental  or  truant  school  and  shall  not  be  again  released  upon  parole 


42 

within  the  period  of  three  months  from  the  date  of  such  re-entering, 
and  if  he  or  she  shall  violate  the  conditions  of  a  second  parole  he  or  she 
shall  he  recommitted  to  such  parental  or  truant  school  and  shall  not  be 
released  therefrom  on  parole  until  he  or  she  shall  remain  in  said  school 
at  least  one  year. 

§  150.  In  any  case  in  which  a  child  is  found  to  be  incorrigible  and 
his  or  her  influence  in  such  school  to  be  detrimental  to  the  interests  of 
the  other  pupils,  the  board  of  education  may  authorize  the  superinten- 
dent or  any  officer  of  the  school  to  represent  these  facts  to  the  circuit 
or  county  court  by  petition,  and  the  court  shall  have  authority  to  com- 
mit said  child  to  some  juvenile  reformatory. 

§  151.  Boards  of  education  in  cities  having  a  population  of  over 
25,000  and  less  than  100,000  may  establish,  maintain  and  operate  a 
parental  or  truant  school  for  the  purposes  hereinbefore  specified,  and  in 
case  of  the  establishment  of  such  a  school,  the  boards  of  education  shall 
have  like  power  in  their  respective  cities  as  hereinbefore  expressed: 
Provided,  however,  that  no  board  of  trustees  or  board  of  education  under 
this  section  shall  put  this  law  into  effect  until  submitted  to  a  vote  of  the 
people  and  adopted  by  a  majority  vote  at  some  general  election. 

TEACHER'S  PENSION  FUND. 

§  152.  In  every  city  in  this  State  having  a  population  exceeding 
100,000  inhabitants,  there  shall  be  elected  a  board  of  trustees  to  have 
the  administration  and  control  of  a  public  school  teachers7  pension  and 
retirement  fund,  to  be  created  and  maintained  in  the  manner  provided 
by  this  Act.  *  Such  board  of  trustees  shall  consist  of  nine  members.  The 
secretary  of  the  board  of  education  of  such  city  shall  be  ex  officio  a  mem- 
ber of  said  board  of  trustees;  in  addition  thereto  there  shall  be  elected 
annually  at  the  first  meeting  of  the  board  of  education  in  the  month  of 
October  of  each  year  two  of  its  members  to  serve  on  said  board  of  trus- 
tees; and  at  the  first  election  there  shall  be  elected  six  members  to  said 
board  of  trustees  from  the  teachers'  force  employed  in  said  city;  two 
for  the  term  of  one  year,  two  for  the  term  of  two  years  and  two  for  the 
term  of  three  years.  On  the  date  of  the  first  meeting  of  said  board  of 
education  in  the  month  of  October  of  each  year  thereafter  there  shall 
in  like  manner  be  elected  two  members  to  said  board  of  trustees,  who 
shall  hold  their  office  for  a  term  of  three  years.  The  election  of  the 
members  of  said  board  of  trustees  by  the  board  of  education,  shall  be  by 
a  majority  vote  in  such  manner  as  they,  the  board  of  education,  shall 
provide.  The  election  of  the  members  to  said  board  of  trustees  by  the 
teaching  forces  of  such  city  shall  be  by  ballot  at  an  election  held  by  the 
board  of  education,  which  shall  conform  as  nearly  as  may  be  to  the  pro- 
visions of  the  law  in  relation  to  school  elections,  and  each  person  being 
a  member  of  the  teaching  force  of  such  city,  and  a  contributor  to  said 
pension  and  retirement  fund  shall  be  entitled  to  cast  at  such  election,  one 
vote  for  each  trustee  to  be  elected.  Elections  to  fill  vacancies  may  be 
called  by  the  board  of  education  and  held  at  the  annual  election :  Pro- 


43 

ridcd,  however,  that  the  board  of  education  may  fill  vacancies  occurring 
in  the  membership  of  said  board  of  trustees  elected  from  said  board  of 
education  at  any  regular  meeting  of  the  board  of  education. 

§  153.  Such  board  of  trustees  shall  have  charge  of  and  adminis- 
tration of  the  public  school  teachers'  pension  and  retirement  fund  of 
such  city,  and  shall  have  power  to  invest  the  same  in  such  manner  as 
it  shall  deem  most  beneficial  to  said  fund,,  but  in  the  same  manner 
and  subject  to  the  same  terms  and  conditions  as  township  trustees  are 
permitted  to  invest  school  funds  under  the  law,  and  shall  have  power 
to  make  payments  from  said  fund  of  pensions  or  annuities  granted  in 
pursuance  of  this  Act;  and  shall  from  time  to  time  make  and  establish 
such  by-laws,  rules  and  regulations  for  the  administration  of  said  fund, 
as  they  shall  deem  advisable  and  shall  have  power  to  employ  such  as- 
sistance and  service  as  may,  in  their  judgment  be  necessary  for  the 
proper  enforcement  of  the  provisions  of  this  Act  and  carrying  into 
effect  valid  by-laws,  rules  and  regulations  enacted  by  them,  and  they 
shall  have  power  to  fill  any  vacancies  occurring  in  said  board  of  trus- 
tees of  members  elected  from  the  teaching  force  of  said  city,  until  the 
next  annual  election,  when  said  vacancies  shall  be  filled  as  provided  by 
this  Act. 

§  154.  The  public  school  teachers'  pension  and  retirement  fund  of 
such  city  shall  consist  of  moneys  paid  into  said  fund  by  persons  desir- 
ing the  'benefits  thereof,  under  the  provisions  of  this  Act;  of  moneys 
received  from  donations,  legacies,  gifts,  bequests  or  otherwise  on  ac- 
count of  said  fund,  and  of  moneys  paid  into  said  fund  in  pursuance  of 
any  law  now  in  force  or  hereafter  to  be  enacted. 

§  155.  Any  person  who  shall  be  employed  to  teach  in  the  public 
school  of  any  such  city,  after  this  Act  shall  take  effect,  shall  be  entitled 
to  the  benefits  of  said  fund  upon  complying  with  the  provisions  of  this 
Act,  and  for  the  purposes  of  this  Act  such  persons  shall  be  divided  into 
the  following  classes: 

First — Those  who  have  taught  five  years  or  less. 

Second — Those  who  have  taught  more  than  five  years  and  not  more 
than  ten  years. 

Third — Those  who  have  taught  more  than  ten  years  and  not  more 
than  fifteen  years. 

Fourth — Those  who  have  taught  more  than  fifteen  years. 

After  this  Act  shall  take  effect,  there  shall  be  set  apart  from  the 
salaries  of  all  persons  hereafter  entering  for  the  first  time  the  employ 
of  the  board  of  education  of  such  cities  $5.00  per  annum,  while  they 
remain  in  the  first  class;  $10.00  per  annum  while  they  remain  in  the 
second  class;  $15.00  per  annum  while  they  remain  in  the  third  class, 
and  -$30.00  per  annum  while  they  remain  in  the  fourth  class,  which 
amounts  shall  be  deducted  by  the  board  of  education  in  equal  install- 
ments from  their  respective  salaries  at  the  regular  times  for  the  pay- 
ment thereof,  and  be  paid  into  and  constitute  a  part  of  the  public 
school  teachers'  pension  and  retirement  fund  of  such  city. 

§^  156.  Teachers  employed  by  the  board  of  education  of  any  such 
city,  who  shall  become  contributors  to  and  beneficiaries  of  a  public 
school  teachers'  pension  and  retirement  fund,  under  any  provisions  of 


44 

this  Act,  may  count  past  service  as  a  part  of  the  period  of  twenty-five 
years  hereinafter  specified,  by  paying  into  said  fund  -i  sum  equal  to  that 
which  he  or  she  would  have  contributed  under  the  provisions  of  this  Act, 
had  he  or  she  been  a  regular  contributor  to  said  fund,  during  said 
period  of  past  service,  together  with  interest  thereon  at  the  rate  of  4 
per  cent  per  annum  from  the  time  such  payments  would  have  been  made 
to  the  time  such  person  shall  by  making  such  payment  become  entitled 
to  the  benefit  of  such  past  service. 

§  157.  Such  board  of  trustees  shall  have  the  power  and  it  shall  be 
its  duty  to  pass  a  resolution  declaring  the  maturity  of  service  and  right 
to  the  immediate  benefits  of  said  fund  in  favor  of  persons  entitled  to  the 
benefits  thereof  in  the  following  cases : 

First — When  any  such  persons  shall  have  taught  in  the  public  schools 
or  rendered  service  therein  for  a  period  of  twenty-five  years  within  the 
meaning  of  this  Act. 

Second — When  any  contributor  to  the  said  fund  shall  have  taught 
fifteen  years  in  the  public  schools  within  the  meaning  of  this  Act  and 
shall  have  been  declared  by  three  competent  physicians,  who  have  made 
a  physical  examination  of  the  teacher,  at  the  request  of  a  majority  of 
such  board  of  trustees,  to  be  suffering  from  a  permanent  disability : 
Provided,  however,  that  neither  said  board  of  trustees  nor  said  board  of 
education  shall  declare  any  contributor  entitled  to  the  immediate  bene- 
fits of  said  fund  until  he  or  she  shall  have  taught  in  the  public  schools 
of  such  city  three-fifths  of  the  term  of  service  of  twenty-five  or  fifteen 
years,  as  the  case  may  be;  and  no  person  shall  be  entitled  to  the  benefits 
of  said  fund  until  he  or  she  shall  have  retired  from  service  as  a  teacher 
in  said  city. 

§  158.  Each  teacher  so  retired  or  retiring  after  twenty-five  years  of 
service  shall  thereafter  be  entitled  to  receive  an  annuity  of  $400.00,  and 
each  teacher  so  retired  because  of  permanent  disability  after  fifteen 
years  of  service  shall  receive  as  an  annual  pension  such  proportion  of  the 
full  annuity  of  $400.00  as  the  sum  contributed  by  such  teacher  so  retired 
bears  to  the  total  contributions  required  for  a  full  annuity.  Said 
pensions  and  annuities  shall  be  paid  monthly  during  the  school  year 
by  said  board  of  trustees  out  of  the  fund  created  in  accordance  with  the 
provisions  of  this  Act  in  the  manner  provided  by  law  for  the  payment 
of  teachers5  salaries. 

§  159.  The  president  and  the  secretary  of  said  board  of  education 
shall  certify  monthly  to  the  city  treasurer  all  amounts  deducted  from 
the  salaries  of  teachers,  special  teachers,  principals  and  superintendents 
of  schools  in  accordance  with  the  provisions  of  this  Act,  which  amounts, 
as  well  as  all  other  moneys  contributed  to  said  fund,  shall  be  set  apart 
and  held  by  said  treasurer  as  a  special  fund  for  the  purposes  hereinbefore 
specified,  subject  to  the  order  of  said  board  of  trustees  herein  created, 
and  shall  be  paid  out  upon  warrants  signed  by  the  president  and  secretary 
of  said  board  of  education,  and  countersigned  by  the  president  of  the 
said  board  of  trustees. 

§  160.  The  city  treasurer,  ex  offido,  shall  be  the  custodian  of  -said 
pension  fund,  and  shall  secure  and  safely  keep  the  same,  subject  fe>  $ie 


45 

control  and  direction  of  said  board  of  trustees,  and  shall  keep  his  books 
and  accounts  concerning  such  fund  in  such  manner  as  may  be  prescribed 
by  said  board,  and  said  books  and  accounts  shall  always  be  subject  to  the 
inspection  of  said  board  or  any  member  thereof.  Said  city  treasurer 
shall  be  liable  on  his  official  bond  for  the  proper  performance  of  his 
duties  and  the  conservation  of  the  fund  created  by  this  Act.  Any  legal 
proceedings  which  may  be  necessary  for  the  enforcement  of  the  provi- 
sions of  this  Act  shall  be  brought  by  and  in  the  name  of  the  board  of 
education  for  the  use  of  the  board  of  trustees  of  the  public  school 
teachers'  pension  fund. 

§  161.  No  teacher  who  has  been,  or  who  shall  have  been,  elected  by 
said  board  of  education,  shall  be  removed  or  discharged,  except  for  cause, 
upon  written  charges  which  shall  upon  the  teachers'  written  request,  be 
investigated  and  determined  by  said  board  of  education,  whose  action 
and  decision  in  the  matter  shall  be  final.  If  at  any  time  a  teacher  who- 
is  willing  to  continue  is  not  reemployed  or  is  discharged  before  the  time 
he  or  she  would,  under  the  provisions  of  this  Act,  be  entitled  to  a  pen- 
sion, then  such  teacher  shall  be  paid  back  at  once  the  money  he  or  she 
may  have  contributed  under,  this  law.  Any  teacher  who  shall  retire 
voluntarily  from  the  service,  prior  to  entering  the  aforesaid  fourth  class, 
shall  receive  a  refund  of  one-half  of  the  money  he  or  she  shall  have 
contributed  under  this  law. 

§  162.  All  persons  who  shall  be  employed  as  teachers  by  the  board 
of  education  of  any  such  city  shall,  by  such  employment,  accept  the- 
provisions  of  this  Act,  and  thereupon  become  contributors  to  said 
pension  fund  in  accordance  with  the  terms  thereof.  Ajid  the  provisions 
of  this  Act  shall  become  a  part  of  and  enter  into  any  such  contract  of 
employment. 

§  163.  All  pensions  or  annuities  granted  under  the  provisions  of 
this  Act  and  every  portion  thereof  shall  be  exempt  from  attachment  or 
garnishment  process  and  shall  not  be  seized,  taken,  subjected  to,  detained 
or  levied  upon  'by  virtue  of  any  execution,  or  any  process  or  proceedings 
whatsoever  issued  out  of  or  by  any  court  of  this  State  for  the  payment 
or  satisfaction  in  whole  or  in  part  of  any  debt,  claim,  damage,  demand 
er  judgment  against  any  pensioner  hereunder,  and  no  annuitant  or 
pensioner  shall  have  the  right  to  transfer  or  assign  his  or  her  pension 
,  or  annuity  or  any  part  thereof  either  by  way  of  mortgage  or  otherwise. 

§  164.  Neither  the  treasurer  nor  any  other  officer  having  the  custody 
of  public  school  funds  of  any  city  having  a  population  exceeding  100,000 
inhabitants  shall  be  entitled  to  retain  any  interest  accruing  thereon  or 
any  part  thereof,  but  such  interest  shall  accrue  and  inure  to  the  benefit 
of  such  school  funds  respectively,  become  a  part  thereof  and  be  paid 
into  the  city  treasury,  subject  to  the  purposes  of  this  Act. 

§  165.  The  board  of  education  of  any  such  city,  as  to  such  funds 
raised  by  taxation,  levied  by  such  city  for  school  purposes,  whether  the 
same  be  for  educational  purposes  or  for  building  purposes,  shall  annually 
set  aside  all  interest  so  added  to  such  funds  and  contribute  the  same 
to  the  public  school  teachers'  and  public  school  employes'  pension  and 
retirement  funds  now  created  or  existing,  or  such  as  may  be  hereafter 


46 


created  pursuant  to  any  law.  The  amount  of  such  interest  so  contri- 
buted, however,  shall  not  exceed  in  any  year  1  per  cent  of  the  sums  so 
levied  for  such  purposes. 

NORMAL    SCHOOL    SCHOLARSHIPS. 

§  166.  There  shall  be  awarded  annually  to  each  school  townshi 
fractional  township,  a  scholarship  which  shall  entitle  the  holder  thereof 
to  gratuitous  instruction  in  any  State  normal  school,  for  a  period  of 
four  years:  Provided,  however,  that  any  township  1  saving  a  population 
exceeding  one  hundred  thousand  inhabitants,  shall  be  entitled  to  five 
scholarships. 

§  167.  The  county  superintendent  shall  receive  and  register  the  names 
of  all  applicants  for  such  scholarships,  and  shall  hold  an  examination, 
or  cause  an  examination  to  be  held,  in  each  township,  for  the  benefit 
of  graduates  of  the  eighth  grade :  Provided,  however,  that  when  a 
township  is  divided  by  a  county  line,  the  county  superintendent  in  whose 
county  the  sixteenth  section  is  situated  shall  have  charge  of  the  exami- 
nation in  such  township. 

§  168.  All  examinations  for  normal  school  scholarships  shall  be 
held  on  any  Saturday  between  the  first  day  of  March  and  the  fifteenth 
day  of  May  in  each  year,  according  to  rules  and  regulations  prescribed 
by  the  Superintendent  of  Public  Instruction,  and  the  pupil  found  to 
possess  the  highest  qualifications  shall  be  entitled  to  such  scholarship : 
Provided,  however,  that  such  pupil  shall  be  a  resident  of  the  township 
in  which  such  examination  is  held:  And,  provided,  further,  that  when 
no  application  is  received  from  any  township,  the  county  superintendent 
shall  assign  the  pupil  found  to  possess  the  next  highest  qualifications  to 
that  township. 

§  169.  The  county  superintendent  shall  certify  the  names  and 
addresses  of  all  successful  applicants,  with  the  number  and  range  of  the 
township  to  which  each  pupil  is  accredited,  to  the  Superintendent  of 
Public  Instruction,  who  shall  issue  to  each  pupil  a  certificate  of  scholar- 
ship, which  shall  be  accepted  by  the  authorities  of  any  State  normal 
school  in  lieu  of  any  entrance  examination, "and  shall  exempt  the  holder 
thereof  from  the  payment  of  tuition,  or  any  term,  matriculation,  or 
incidental  fee  whatsoever. 


UNIVERSAL   SCHOLARSHIPS. 


§  170.  There  shall  be  awarded,  annually,  to  each  county,  one  univer- 
sity scholarship,  which  shall  entitle  the  holder  thereof  to  gratuitous 
instruction  in  the  University  of  Illinois  for  a  period  of  four  years. 

§  171.  The  county  superintendent  shall  receive  and  register  the 
names  of  all  applicants  for  such  scholarships,  and  shall  hold  an  exami- 
nation on  the  first  Saturday  of  June  of  each  year,  according  to  rules 
and  regulations  prescribed  by  the  president  of  the  University,  and  the 
student  found  to  possess  the  highest  qualifications  shall  be  entitled  to 
such  scholarship:  Provided,  however,  that  every  applicant  shall  be  at 


4? 

least  16  years  of  age,  and  a  resident  of  the  county  in  which  such 
examination  is  held:  And,  provided,  further,  that  no  student  who  has 
attended  the  University  of  Illinois  shall  be  eligible  to  such  examination. 

§  172.  The  county  superintendent  shall  return  to  the  president  of 
the  University,  within  ten  days  after  such  examination,  a  list  of  the 
names  of  all  applicants  examined,  the  grades  obtained,  together  with 
the  examination  papers  submitted  by  them;  and  the  president  of  the 
University  shall  issue  to  the  successful  applicant  a  certificate  of  scholar- 
ship as  directed  by  the  provisions  of  this  Act:  Provided,  however ',  that 
in  case  no  return  is  made  from  a  county,  the  president  of  the  University 
may  assign  to  that  county  from  some  other  county  the  student  found 
to  possess  the  next  highest  qualifications. 

§  173.  In  addition  to  the  scholarships  provided  for  in  section  170, 
each  member  of  the  General  Assembly  is  authorized  to  nominate  and 
appoint,  annually,  one  person  of  school  age  and  otherwise  eligible,  from 
his  district,  who  shall,  by  virtue  of  his  appointment,  receive  a  certificate 
of  scholarship  in  the  University.  Each  member  of  the  General  Assembly 
shall  file  with  the  president  of  the  University  on  or  before  the  first 
Saturday  in  June,  the  name  and  address  of  the  student  nominated  by 
him  to  receive  such  scholarship.  The  candidate  for  such  scholarship 
shall  present  himself  for  nomination  before  the  county  superintendent 
in  the  county  where  such  student  resides,  at  the  time  stated  in  section 
171  for  the  competitive  examination.  The  president  of  the  University 
shall  prescribe  the  rules  and  regulations  governing  such  examination: 
Provided,  however,  that  in  case  the  person  named  fails  to  pass  the 
required  examination  for  admission,  the  president  of  the  University 
shall  at  once  notify  the  member  making  the  appointment,  who  may 
name  another  person  for  such  scholarship :  And,  provided,  further,  that 
if  the  member  of  the  General  Assembly  shall  so  elect,  the  scholarship 
under  his  control  may  be  awarded  by  competitive  examination  conducted 
under  like  rules  as  prescribed  in  section  171  of  this  Act. 

§  174.  Any  University  scholarship  issued  under  the  provisions  of 
this  Act  shall  exempt  the  holder  from  the  payment  of  tuition,  or  any 
matriculation,  term  or  incidental  fee  whatsoever,  except  for  purchase  of 
laboratory  supplies  and  similar  fees  for  supplies  and  iiiaterials :  Provided, 
however,  that  such  student  shall  be  subject  to  all  examinations,  rules 
and  requirements  of  the  board  of  trustees  and  faculty,  except  as  herein 
directed :  And,  provided,  further,  that  the  privileges  of  these  scholar- 
ships shall  not  be  available  in  the  professional  schools  and  colleges  of 
the  University :  And,  provided,  further,  that  this  Act  shall  not  be  con- 
strued to  prohibit  the  board  of  trustees  from  granting  other  scholarships. 

§  175.  Any  student  holding  a  University  scholarship,  who  shall 
make  it  appear  to  the  satisfaction  of  the  president  of  the  University  that 
he  requires  leave  of  absence  for  the  purpose  of  earning  funds  to  defray 
his  expenses  while  in  attendance,  may  be  granted  such  leave  of  absence, 
and  may  be  allowed  a  period  not  to  exceed  six  years  to  complete  his 
course  at  the  University. 


48 

TEACHERS. 

§  176.  No  one  shall  be  authorized  or  employed  to  teach  in  the  com- 
mon schools  of  this  State,  or  shall  receive,  for  teaching,  any  part  of 
any  public  school  fund,  who  is  not  at  least  18  years  of  age,  if  a  manr 
or  17  years  of  age,  if  a  woman,  and  who  does  not  hold  at  the  time  he 
enters  upon  his  duties  a  certificate  of  qualification  issued  by  the  county 
superintendent  of  schools  or  the  Superintendent  of  Public  Instruction  1 
Provided,  however,  that  in  any  county  in  which  a  county  normal  school 
is  established,  under  the  control  of  a  county  board  of  education,  the 
diplomas  of  graduates  in  said  normal  school  shall,  when  directed  by  said 
board,  be  taken  by  the  county  superintendent  as  sufficient  evidence  of 
qualification  to  entitle  the  holder  to  a  first  grade  certificate  if  presented 
within  two  years  from  such  graduation. 

§  177.  Certificates  of  qualification  issued  by  the  Superintendent  of 
Public  Instruction  shall  be  valid  in  every  district  in  the  State  during 
the  good  behavior  of  the  holder.  Such  certificates  shall  be  granted  only 
upon  a  public  examination,  complete  in  itself,  under  such  regulations- 
and  by  such  examiners  as  the  Superintendent  of  Public  Instruction  shall 
prescribe  and  appoint.  The  holder  of  any  State  certificate,  while  he 
continues  to  teach,  shall,  annually,  before  entering  upon  his  duties  as- 
teacher,  present  his  certificate  to  the  county  superintendent  for  registra- 
tion. A  fee  of  one  dollar  shall  be  charged  therefor  and  covered  into 
the  institute  fund. 

§  178.  Certificates  of  qualification  granted  by  the  county  superin- 
tendent shall  be  of  two  grades: 

A  certificate  of  the  first  grade  shall  be  valid  in  the  county  for  two- 
years  and  shall  certify  that  the  person  to  whom  such  certificate  is  issued 
is  of  good  character  and  qualified  to  teach  orthography,  reading  in  Eng- 
lish, penmanship,  arithmetic,  English  grammar,  modern  geography^ 
civics,  the  elements  of  the  natural  sciences,  the  history  of  the  United 
States,  the  history  of  Illinois,  physiology  and  the  laws  of  health. 

A  certificate  of  the  second  grade  shall  be  valid  for  one  year,  and  shall 
certify  that  the  person  to  whom  such  certificate  is  issued  is  of  good  char- 
acter and  is  qualified  to  teach  orthography,  reading  in  English,  pen- 
manship, arithmetic,  English  grammar,  modern  geography,  civics,  the 
history  of  the  United  States  and  the  history  of  Illinois. 

Such  certificates  may  be  in  the  following  form,  to  wit : 

ILLINOIS,    ,   1 ... 

The   undersigned   having  examined    in   orthography, 

reading  in  English,  penmanship,  arithmetic,  English  grammar,  modern  geog- 
raphy, civics,  the  history  of  the  United  States,  the  history  of  Illinois,  and 

methods  of  teaching,  and  being  satisfied  that is  of  good 

character,  hereby  certifies  that   qualifications  in  these 

branches  are  such  as  to  entitle to  this  certificate,  being  of  the 

grade,  and  valid  in  this  county  for   year      from 

the  date  hereof,  renewable  at  the  option  of  the  county  superintendent  by  his 
endorsement  hereon. 

Given  under  my  hand  and  seal  at  the  date  aforesaid. 

A B 

County  Superintendent  of  Schools. 


OF    TMfe- 

49 

OF 


Teachers  of  music,,  drawing,  penmanship,  bookkeeping, 
other  special  study,  exclusively,  shall  not  be  required  to  be  examined 
except  in  reference  to  such  special  study,  and  in  such  cases  it  shall  not 
be  lawful  to  employ  such  teachers  to  teach  any  branch  of  study  except 
such  as  they  have  been  examined  upon  and  which  shall  be  stated  in  such 
certificates.  The  county  superintendent  may,  in  his  option,  renew  cer- 
tificates at  their  expiration  by  his  endorsement  thereon,  and  may  revoke 
a  certificate  at  any  time  for  immorality,  incompetency  or  other  just 
cause. 

§  179.  Every  school  established  under  the  provisions  of  this  Act  shall, 
be  for  instruction  in  the  branches  of  education  prescribed  in  the  qualifi- 
cations for  teachers,  and  in  such  other  branches,  including  vocal  music 
and  drawing,  as  the  directors,  or  the  voters  of  the  district  at  the  annual 
election  of  directors  may  prescribe. 

§  180.  Examinations  for  teachers'  certificates  shall  be  held  by  the 
county  superintendent  quarterly,  and  oftener,  if  necessary,  on  such  days 
and  in  such  places  as  will  accommodate  the  greatest  number  of  persons 
desiring  such  examination.  Notice  of  such  examinations  shall  be  pub- 
lished a  sufficient  length  of  time  in  at  least  one  newspaper  of  general 
circulation.  A  fee  of  one  dollar  shall  be  charged  for  the  examination 
and  also  for  the  renewal  of  a  certificate. 

§  181.  The  county  superintendent  shall  hold  an  annual  institute, 
not  fewer  than  five  days,  for  the  instruction  of  teachers  and  those  who 
may  desire  to  teach.  With  the  concurrence  of  the  Superintendent  of 
Public  Instruction  he  shall  employ  such  assistance  as  may  be  necessary 
to  conduct  the  institute.  Two  or  more  adjoining  counties  may  hold  an 
institute  together.  At  every  institute  instruction  shall  be  free  to  holders- 
of  certificates  good  in  the  county  or  in  any  of  the  counties  holding  the 
institute,  and  to  those  who  have  paid  an  examination  fee  and  failed  to 
receive  a  certificate.  All  others  attending  shall  be  required  to  pay  a 
registration  fee  of  one  dollar. 

§  182.  All  examination  and  registration  fees,  and  fees  for  renewals, 
shall  be  transmitted  monthly  to  the  county  treasurer,  with  a  list  of 
the  names  of  the  persons  paying  such  fees.  Such  fund  shall  constitute 
the  institute  fund,  and  shall  be  paid  out  only  upon  the  order  of  the 
county  superintendent,  to  defray  the  expenses  of  teachers'  institutes. 
When  the  institute  fund  in  any  county  exceeds  the  average  annual  cost 
of  the  teachers'  institute  for  the  next  preceding  three  years,  such  excess 
may  be  drawn  upon  by  the  county  superintendent  of  schools  for  the  pur- 
pose of  defraying  the  expense  of  any  general  meeting  of  the  teachers  of 
the  county. 

§  183.  Five  days  in  any  school  year,  spent  by  a  teacher,  during 
term  time,  in  attendance  upon  a  teachers'  institute,  held  under  the 
direction  of  the  county  superintendent  of  schools,  ^hall  be  considered 
time  lawfully  expended  in  the  service  of  the  district,  and  no  deduction 
of  wages  shall  be  made  for  such  attendance.  It  shall  be  the  duty  of 
the  school  directors  to  close  the  schools  for  such  institute. 


— 4  S  L 


50 


§  184.  It  shall  be  the  duty  of  every  teacher  to  see  that  the  school 
property  of  the  district,  under  his  care  and  control,  is  not  unnecessarily 
damaged  or  destroyed.  No  teacher  shall  be  paid  any  part  of  the  school 
funds  unless  he  shall  have  furnished  schedules,  when  required  by  law, 
and  shall  have  satisfactorily  accounted  for  all  books,  apparatus  and  other 
property  belonging  to  the  district. 

§  185.  Teachers  shall  keep  daily  registers,  which  shall  exhibit  the 
name,  age  and  attendance  of  each  pupil,  the  day  of  the  week,  the  month 
and  the  year.  Registers  shall  be  in  the  following  form,  the  absence  of 
each  scholar  being  indicated  by  a  mark,  the  presence  by  a  blank,  to  wit : 

Register  of  a  common  school  kept  by  A  B  in  district  No ., 

in  the  county  of ,  in  the  State  of  Illinois. 


cc 

cs 

£ 

£ 

cr; 

CC 

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CC 

^ 

CC 

£ 

cc 

CO 

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CC 

0 

h-     K- 

CD    CO 

o 

0 

s 

0 

s 

0 

0 

0 

O 

S 

0 

o 

S 

0 

S 

O 

o 

o 

0    0 

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p 

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H3 

- 

- 

A 

^ 

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S 

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c. 
5 

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NAMES  AND  AGES. 

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£J 

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Names. 

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!~; 

X 

£ 

0 

b 

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John  Smith 

10 

1 

1 

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Isaac  Meisler 

13 

1 

1 

1 

1 

i 

1 

1 

1 

1  .. 

Sarah  Danforth 

16 

Mary  Newman 

18 

1 

1 

Grand  total  number  of  days 

Boys. 

Girls. 

Total. 

Number  of  pupils   

2 

2 

4 

Average  daily  attendance 

3  2 

Such  registers  shall  be  furnished  to  the  teachers  by  the  school  directors, 
and  each  teacher  shall,  at  the  end  of  his  term  of  school,  return  his 
register  to  the  clerk  of  the  school  board  of  the  district.  No  teacher  shall 
be  paid  any  part  of  the  school  funds  unless  he  shall  have  accurately  kept 
and  returned  the  register  as  aforesaid. 

§  186.  In  all  districts  controlled  by  a  board  of  directors,  teachers 
shall  make  schedules  of  the  names  of  all  pupils  attending  school,  in  the 
form  prescribed  by  this  Act,  and  when  pupils  reside  in  two  or  more 
districts,  townships  or  counties,  separate  schedules  shall  be  kept  for 
each  district,  township  or  county.  Boards  of  education  may  require 
teachers  to  make  schedules,  or  statements,  certifying  the  number  of  clays' 
attendance  for  each  month,  as  shown  by  their  registers,  which  shall  be 


51 


certified  by  the  board  of  education,  and  be  subject  to  the  same  require- 
ments as  schedules.  Schedules  shall  be  certified  by  the  teacher,  and  shall 
be  in  the  following  form,  to  wit: 

Schedule  of  a  school  taught  by .<,...! ,  in 

district  No.  ...  .•. . .  .,,  in  the  county  of ,  in  the 

State  of  Illinois.    Names  and  ages  of  pupils  residing  in  district  No , 

county,  who  have  attended  school  during 

the  time  beginning  the.  .,.  . .  .day  of.  ... .......  . . . . . .,  1 , 

during  which  time  the  school  was  in  session .school 

days. 

Days 
Name.  Ages.         attended. 

John  Smith 10  15 

Isaac  Meisler 13  11 

Sarah  Danforth 16  20 

Mary  Newman 18  18 

Grand  total  number  of  days'  attendance 64 

Boys.         Girls.         Total. 

Number  of  pupils !  2    I  2  4 

Average  daily  attendance 3.2 

I  hereby  certify  that  the  foregoing  schedule  is  correct,  to  the  best  of 
my  knowledge  and  belief. 

A B...... 

Teacher. 

§  187.  The  schedule,  or  schedules,  shall  be  delivered  to  one  of  the 
directors,  who  shall,  if  requested,  give  the  teacher  a  receipt  for  the 
same.  It  shall  be  the  duty  of  the  director  to  examine  carefully  such 
schedule,  or  schedules,  with  at  least  one  other  director,  and  correct  any 
errors,  and  if  such  schedule  has  been  made  according  to  law,  they  shall 
certify  to  the  same  in  the  following  form,  to  wit: 
STATE  OF  ILUNOIS,  ] 

Us. 
COUNTY.   J 

We,  the  undersigned,  directors  of  district  No in  

county,  certify  that  we  have  carefully  examined  the  foregoing  schedule  and 
find  it  to  be  correct,  and  that  the  school  was  conducted  according  to  law; 

that  the  teacher  is  paid  according  to  contract dollars  per ; 

the  sum  of    dollars  is  now   due    for  services   for 

the  month  ending  ;  that  the  teacher  has  a  legal  certificate 

of  grade,  and  that  the  property  of  said  district 

in  charge  of  such  teacher  has  been  satisfactorily  accounted  for 

Signed  this day  of ,  1 ... 


Directors. 

§  188.  The  school  month  shall  be  the  same  as  the  calendar  month. 
But  a  teacher  shall  not  be  required  to  teach  on  Saturdays  or  legal  school 
holidays,  which  are  the  first  day  of  January,  the  fourth  day  of  July,  the 


52 

twenty-fifth  day  of  December,  and  any  day  appointed  by  the  President 
or  Governor  as  a  day  of  fast  or  thanksgiving,  and  no  deduction  shall 
be  made  from  the  time  or  compensation  of  a  teacher  on  account  of  such 
days. 

REVENUE. 

§  189.  For  the  purpose  of  establishing  and  supporting  free  schools 
for  not  less  than  six  nor  more  than  nine  months  in  each  year,  and 
defraying  all  the  expenses  of  the  same  of  every  description;  for  the 
purpose  of  repairing  and  improving  school  houses,  of  procuring  furni- 
ture, fuel,  libraries  and  apparatus,  and  for  all  other  necessary  incidental 
expenses  in  each  district,  village  or  city,  the  directors  of  such  district 
and  the  authorities  of  such  village  or  city  shall  be  authorized  to  levy 
a  tax  annually  upon  all  the  taxable  property  of  the  district,  village  or 
city  not  to  exceed  one  and  one-half  per  cent  for  educational  and  one 
and  one-half  per  cent  for  building  purposes,  the  valuation  to  be  ascer- 
tained by  the  last  assessment  for  State  and  county  taxes:  Provided, 
that  the  term  incidental  expenses  herein  used  shall  not  include  any 
sum  expended  or  obligation  incurred  for  the  improvement,  repair  or 
benefit  of  the  school  buildings  and  property,  but  all  such  sums  and 
obligations  shall  be  paid  from  that  portion  of  the  tax  levied  for  building 
purposes.  No  election  or  petition  shall  be  necessary  to  authorize  the 
levy  of  a  tax  for  the  ordinary  repair  and  improvement  of  school  buildings 
or  grounds  or  for  the  payment  of  any  special  tax  or  special  assessment 
levied  upon  such  property. 

§  190.  The  board  of  directors  or  board  of  education  of  each  district 
shall  ascertain,  as  near  as  practicable,  annually,  how  much  money  must 
be  raised  by  special  tax  for  educational  and  for  building  purposes  for 
the  next  ensuing  year.  Such  amounts  shall  be  certified  and  returned 
to  the  township  treasurer  on  or  before  the  first  Tuesday  in  August, 
annually.  The  certificate  shall  be  signed  by  the  president  and  clerk,  or 
secretary,  as  the  case  may  require,  and  may  be  in  the  following  form, 
to  wit : 

CERTIFICATE  OF   TAX  LEVY. 

We  hereby  certify  that  we  require  the  sum  of dollar 

to  be  levied  as  a  special  tax  for  educational  purposes,  and  the  sum  of 

dollars  to  be  levied  as  a  special  tax  for  building  purposes,  on  the  equalized 
assessed  value  of  the  taxable  property  of  our  district,  for  the  year,.  1 ... 

Signed  this day  of  1 ... 

A B President, 

C D Clerk. 

District  No , County. 

The  township  treasurer  shall  return  the  certificate  to  the  county  clerk,, 
on  or  before  the  second  Monday  of  August.  A  failure  by  the  school 
board  to  file  the  certificate,  or  of  the  treasurer  to  return  it  to  the  county 
clerk  in  the  time  required,  shall  not  vitiate  the  assessment. 

§  191.  When  a  district  lies  partly  in  two  or  more  counties  the  direct- 
ors shall  ascertain,  as  near  as  practicable,  the  amount  to  be  raised  by 
special  tax  for  educational  and  building  purposes,  and  shall  prepare  a 
certificate  for  each  county  in  which  such  district  may  lie,  and  deliver 


53 

the  certificates  to  the  township  treasurer  who  receives  the  tax  money 
of  such  district,  who  shall  return  a  certificate  to  each  of  the  county  clerks 
of  the  counties  in  which  a  part  of  such  district  is  situated.  On  the  first 
Monday  of  October,  annually,  or  as  soon  thereafter  as  may  be  practicable, 
the  county  clerk  of  each  of  such  counties  shall  ascertain  the  total 
equalized  valuation  of  all  the  taxable  property  in  that  part  of  such  dis- 
trict as  shall  lie  in  his  county,  and  certify  the  amount  thereof  to  the 
county  clerk  of  each  of  the  other  counties  in  which  such  district  may 
lie;  and  from  the  aggregate  of  such  equalized  valuation,  and  from  the 
certificate  of  the  amount  so  required  to  be  levied,  such  clerk  shall  ascer- 
tain the  rate  per  cent  required  to  produce  in  such  district  the  amount 
of  such  levy,  and  at  that  rate  shall  extend  the  special  tax  to  be  levied  foi 
educational  and  building  purposes  in  that  part  of  such  district  lying 
in  his  respective  county. 

§  192.  It  shall  be  the  duty  of  assessors,  when  making  assessments 
of  personal  property,  to  designate  the  number  of  the  school  district  in 
which  the  person  assessed  resides.  Such  designation  shall  be  made  by 
writing  the  number  of  the  district  opposite  each  person's  assessment  of 
personal  property  in  the  assessment  roll  returned  by  the  assessor  to  the 
county  clerk.  The  officers  preparing  blank  books  and  notices  for  the 
use  of  assessors  shall  provide  columns  and  blanks,  so  that  the  number  of 
the  school  district  may  be  designated. 

§  193.  On  or  before  the  first  day  of  April  next  after  the  delivery 
of  the  tax  books  containing  the  computation  and  levy  of  the  taxes,  or 
as  soon  thereafter  as  the  treasurer  shall  present  the  certificate  of  the 
amount  of  the  tax,  and  make  a  demand  therefor,  the  collector  shall  pay 
to  the  treasurer  the  full  amount  of  the  tax  certified  by  the  county  clerk, 
or  in  case  any  part  remains  uncollected,  the  collector  shall,  in  addition 
to  the  amount  collected,  deliver  to  the  treasurer  a  statement  of  the 
amount  of  uncollected  taxes  for  each  district  of  the  township,  taking  his 
receipt  therefor,  which  receipt  shall  be  evidence  in  favor  of  the  col- 
lector as  against  the  treasurer. 

§  194.  If  any  collector  shall  fail  to  pay  the  taxes  or  any  part  there- 
of, the  treasurer,  or  other  authorized  person,  may  proceed  against  him 
and  his  securities  in  an  action  of  debt  upon  his  official  bond  in  any 
court  of  competent  jurisdiction.  The  collector  so  in  default  shall  pay 
twelve  per  cent  on  the  amount  due,  to  be  assessed  as  damages,  which  shall 
be  included  in  the  judgment  rendered  against  him.  If  he  can  show  that 
any  part  of  the  taxes  could  not  be  collected  by  law,  he  shall  not  be  liable 
for  such  taxes  until  he  has  collected,  or  may  be  able  to  collect  them. 

BONDS. 

§  195.  For  the  purpose  of  building  or  repairing  school  houses  or 
purchasing  or  improving  school  sites,  the  directors  of  any  school  dis- 
trict, when  authorized  by  a  majority  of  the  votes  cast  at  an  election  held 
for  that  purpose,  may  borrow  money;  and,  as  evidence  of  such  indebted- 
ness, may  issue  bonds  signed  by  at  least  two  directors,  in  denominations 
of  not  less  than  $100.00,  and  bearing  interest  at  a  rate  not  exceeding 
7  per  cent  per  annum. 


54 

§  196.  All  bonds  issued  by  virtue  of  this  Act,  before  being  issued, 
negotiated  and  sold,  shall  be  registered,  numbered  and  countersigned  by 
the  treasurer  who  receives  the  taxes  of  the  district.  Such  registration 
shall  be  made  in  a  book  provided  for  that  purpose,  in  which  shall  be 
entered  the  record  of  the  election  authorizing  the  directors  to  borrow 
money,  and  a  description  of  the  bonds  issued,  including  the  number, 
date,  to  whom  issued,  amount,  rate  of  interest  and  when  due. 

§  197.  All  moneys  borrowed  under  the  authority  of  this  Act  shall 
be  paid  to  the  treasurer  of  the  township  wherein  the  bonds  issued  there- 
for are  required  to  be  registered.  Upon  receiving  such  moneys,  the 
treasurer  shall  deliver  the  bond  or  bonds  issued  therefor  to  the  person 
or  persons  entitled  to  receive  them,  and  shall  credit  the  funds  received 
to  the  district  issuing  the  bonds.  The  treasurer  shall  record  the  exact 
amount  received  for  each  and  every  bond  issued.  When  any  such  bonds 
are  paid,  the  treasurer  shall  cancel  the  same  and  shall  enter,  against  the 

record  of  such  bonds,  the  words  "paid  and  cancelled  the day 

of . . 1. . ."  filling  the  blanks  with  the  day,  month 

and  year  corresponding  to  the  date  of  such  payment. 

§  198.  When  it  is  desired  to  hold  an  election  for  the  purpose  of 
borrowing  money,  the  directors  of  the  district  shall  give  at  least  ten 
days5  notice  of  the  election,  by  posting  notices  in  at  least  three  of  the 
most  public  places  in  the  district.  Such  notices  shall  specify  the  place 
where  such  election  is  to  be  held,  the  time  of  opening  and  closing  the 
polls,  and  the  question  to  be  voted  upon,  which  notice  may  be  in  the 
following  form,  to  wit: 

NOTICE    OF    ELECTION. 

Notice  is  hereby  given  that  on   day  of  

1 ,  an  election  will  be  held  at school  district  No 

in   .  v County,  Illinois,  for  the  purpose  of  voting  "for"  of 

"against"  the  proposition  to  issue  bonds  of  district  No to  the 

amount  of dollars  due  (here  insert  the  times  of  payment, 

giving  the  amount  falling  due  in  each  year,  if  the  bonds  mature  at  different 

days),  which  bonds  are  to  bear  interest  at  the  rate  of   per  cent  per 

annum,  payable  annually.     The  polls  will  be  opened  at 

o'clock,  ....  .m.,  and  closed  at o'clock, m. 

Dated  this day  of ,  1 

A B President, 

C D Clerk. 

§  199.  Two  of  the  directors  shall  act  as  judges  of  the  election  and 
one  as  clerk.  In  case  a  director  shall  fail  to  attend  or  to  act  at  such 
election,  the  legal  voters  assembled  shall  choose  from  their  number,  at 
the  time  of  opening  the  polls,  some  person  to  act  as  judge  or  clerk,  as 
the  case  may  be.  The  judges  and  clerk  shall  take  and  subscribe  the  oath 
required  of  judges  and  clerks  of  an  election  held  for  State  and  county 
officers.  All  votes  shall  be  by  ballot, 

§  200.  Within  ten  days  after  the  election  the  judges  shall  cause  the 
poll  books  to  be  returned  to  the  township  treasurer  who  is  required  to 
register  such  bonds,  with  a  certificate  thereon  showing  the  result  of  the 
election,  which  poll  book  shall  be  filed  and  kept  by  the  treasurer,  and 
shall  be  evidence  of  such  election. 


55 

§  201.  When  a  school  district  has  issued  bonds,  or  other  evidence 
of  indebtedness,  for  any  purposes  which  are  binding  and  subsisting  legal 
obligations,  and  remaining  outstanding,  the  directors  of  such  school  dis- 
trict may,  upon  the  surrender  of  any  such  bonds  or  other  evidences  of 
indebtedness,  issue  in  liew  thereof,  to  the  holders  or  owners  of  the  same, 
or  to  other  persons  for  money  with  which  to  pay  the  same,  new  bonds 
or  other  evidences  of  indebtedness,  according  to  the  provisions  of  this 
Act. 

COUNTY    CLERK.    • 

§  232.  Whenever  the  returns  of  an  election  for  trustees  of  schools 
are  made  to  the  county  clerk,  it  shall  be  his  duty  to  furnish  to  the  county 
superintendent  of  schools,  within  ten  days  after  such  returns  have  been 
made,  the  names  of  the  trustees  so  returned  to  him,  and  to  specify  the 
townships  in  which  they  have  been  elected. 

§  203.  It  shall  be  the  duty  of  the  county  clerk  to  furnish  the  directors 
of  any  school  district,  upon  request,  a  certificate  showing  the  last  ascer- 
tained equalized  value  of  the  taxable  property  of  such  district. 

§  204.  When  a  school  district  lies  partly  in  two  or  more  counties,  it 
shall  be  the  duty  of  the  county  clerk  of  each  county  in  which  any  part 
of  such  district  lies  to  furnish,  upon  request,  to  the  directors  of  such 
district,  a  certificate  showing  the  last  ascertained  equalized  value  of  the 
taxable  property  in  that  part  of  such  district  lying  in  such  county. 

§  205.  It  shall  be  the  duty  of  the  county  clerk,  when  making  out 
the  tax  books  for  the  collector,  to  compute  each  taxable  person's  tax 
in  each  school  district  upon  the  total  amount  of  taxable  property  as 
equalized  by  the  State  Board  of  Equalization  for  that  year,  lying  and 
being  in  such  district,  whether  belonging  to  residents  or  nonresidents, 
and  also  upon  each  and  every  tract  of  land,  the  larger  part  of  which  lies 
in  such  district.  Such  compensation  shall  be  made  so  as  to  realize  the 
amount  of  money  required  to  be  raised  ii-  such  district,  as  shown  and 
set  forth  in  the  certificate  of  tax  levy,  made  out  by  the  directors  of  such 
district,  and  filed  with  the  township  treasurer,  as  required  by  this  Act. 
The  said  county  clerk  shall  cause  each  person's  tax,  so  computed,  to  be 
?et  upon  the  tax  book  to  be  delivered  to  the  collector  for  that  year,  in  a 
separate  column  against  each  taxpayer's  name,  or  parcel  of  taxable  prop- 
erty, as  it  appears  in  said  collector's  books,  to  be  collected  in  the  same 
manner,  and  at  the  same  time,  and  by  the  same  person,  as  State  and 
county  taxes  are  collected.  He  shall  number  the  school  districts  on  the 
maps  in  his  office  to  correspond  with  the  numbers  of  districts  as  returned 
to  him  by  the  county  superintendent  of  schools,  and  in  making  up  the 
tax  books  to  be  delivered  to  the  collector  of  taxes,  the  county  clerk 
shall  copy  into  such  tax  books  the  number  of  the  school  district  set 
opposite  to  each  person's  assessment  of  personal  property  by  the  assessor 
making  the  assessment  of  such  person,  and  shall  extend  the  school  tax 
on  each  person's  assessment  of  personal  property,  according  to  the  rate 
required  by  the  amount  designated  b}^  the  directors  of  the  school  district 
in  which  such  person  resides,  as  shown  by  the  certificate  of  tax  levy.  The 
computation  of  each  person's  tax  and  the  levy  made  by  the  clerk  shall 


56 

be  final  and  conclusive.  The  rate  shall  be  uniform,  and  shall  not 
exceed  that  required  by  the  amount  certified  by  the  board  of  directors. 
The  said  county  clerk,  before  delivering  the  tax  book  to  the  collector, 
shall  make  out  and  send  by  mail  to  each  township  treasurer  of  the 
county  a  certificate  of  the  amount  due  each  district  or  fraction  of  a 
district  in  his  township,  from  the  tax  so  levied  and  placed  upon  the 
tax  books. 

§  206.  The  county  clerk  shall  record  and  preserve  the  report  of  the 
county  superintendent  made  to  the  county  board  at  the  first  regular  term 
of  such  board  in  each  year  relating  to  the  sale  of  school  lands,  the 
amount  of  money  received,  paid,  loaned  out  and  on  hand,  belonging  to 
each  township  fund  in  his  control,  and  the  statement  copied  from  the 
loan  book  of  such  county  superintendent,  showing  all  the  facts  in  regard 
to  loans  which  are  required  to  be  stated  in  the  loan  book. 

'THE  COUNTY  BOARD. 

§  207.  It  shall  be  the  duty  of  the  county  board  of  each  county  of 
-the  State: 

First— To  provide  for  the  county  superintendent  of  schools  a  suitable 
•office  with  necessary  furniture  and  office  supplies,  as  is  done  in  the  case 
•of  other  county  officers. 

Second — To  examine  and  approve  or  reject  the  report  of  the  county 
superintendents  of  schools  made  to  such  board. 

Third — To  audit  at  the  regular  meeting  in  September,  and  as  near 
quarterly  thereafter  as  such  board  may  have  regular  or  special  meetings, 
the  itemized  bills  of  the  county  superintendent  of  schools  for  the  expense 
of  his  office. 

Fourth — To  authorize  the  county  superintendent  of  schools  to  employ 
•mich  assistants  as  he  needs  for  the  full  discharge  of  his  duties,  and  to 
fix  the  compensation  thereof,  which  compensation  shall  be  paid  out  of 
the  county  treasury. 

Fifth — To  examine  the  financial  statements  of  the  county  superin- 
tendent of  schools  required  by  section  11  of  this  Act  and  compare  the 
same  with  vouchers,  and  the  county  board,  or  so  many  of  them  as  may 
be  present  at  the  meeting  of  the  board,  shall  be  liable  individually  to  the 
fund  injured  and  to  the  securities  of  the  county  superintendent,  in  case 
judgment  be  recovered  of  the  said  securities,  for  all  damages  occasioned 
by  neglect  of  the  duties,  or  any  of  them,  required  of  the  board  by  this 
section :  Provided,  however,  that  nothing  herein  contained  shall  be  con- 
strued to  exempt  the  securities,  but  they  shall  remain  liable  to  the  fund 
injured  the  same  as  if  the  members  of  the  county  board  were  not  liable 
to  them  for  neglect  of  their  duty. 

§  208.  The  county  board  of  each  county  of  this  State  shall  have 
power : 

First — To  approve  the  bond  of  the  county  superintendent  of  schools, 
-and  to  increase  the  penalty  of  such  bond  if.  in  the  judgment  of  the 
county  board,  such  penalty  should  be  so  increased. 

Second — To  require  the  county  superintendent'  of  schools,  after  notice 
given,  to  execute  a  new  bond,  conditioned  and  approved  as  the  first 


57 

bond,  whenever  in  the  discretion  of  the  county  board  such  new  bond  is 
necessary:  Provided,  however,  that  the  execution  of  such  new  bond 
shall  not  affect  the  old  bond  or  the  liability  of  the  security  thereof. 

Third — To  require  the  county  superintendent  of  schools  to  make  the 
reports  to  such  board  provided  for  by  law,  and  to  remove  him  from  office 
in  case  of  neglect  or  refusal  so  to  do,  or  for  any  palpable  violation  of 
law  or  omission  of  duty. 

§  209.  When  the  office  of  county  superintendent  of  schools  shall 
become  vacant,  the  county  board  shall  fill  the  vacancy  by  appointment.  If 
by  reason  of  a  tie  upon  the  vote  to  fill  such  vacancy,  or  from  any  other 
cause,  the  vacancy  shall  not  be  filled  by  the  county  board  within  thirty 
days  of  the  time  it  occurs,  it  shall  be  the  duty  of  the  clerk  of  the  county 
board  to  summon  the  county  judge  of  the  county  in  which  the  vacancy 
exists  to  meet  with  the  county  board  at  a  time  and  place  designated  by 
the  clerk,  of  which  meeting  the  members  of  the  county  board  shall  have 
notice;  and  the  county  board  and  county  judges,  when  so  notified,  shall 
meet  at  the  time  and  place  designated,  at  which  meeting  the  county  judge 
shall  preside,  and  in  case  of  a  tie  he  shall  give  the  casting  vote.  The 
clerk  shall  notify  the  person  so  selected  of  his  appointment. 

SCHOOL   FUND. 

§  210.  The  common  school  fund  of  this  State  shall  consist,  until 
otherwise  provided  by  law,  of  the  proceeds  of  a  two-mill  tax  levied 
annually  upon  each  dollar  of  the  equalized  assessed  value  of  all  the 
property  in  the  State ;  the  interest  on  the  school  fund  proper,  which  fund 
is  3  per  cent  upon  the  proceeds  of  the  sales  of  public  lands  in  the 
State,  one-sixth  part  excepted;  and  the  interest  on  the  surplus  revenue 
distributed  by  Act  of  Congress  and  made  part  of  the  common  school  fund 
by  Act  of  the  Legislature,  March  4,  1837.  The  interest  on  the  school 
fund  proper  and  the  surplus  revenue  shall  be  paid  by  the  State  annually 
at  the  rate  of  6  per  cent,  and  shall  be  distributed  as  provided  by  law. 

§  211.  On  the  first  Monday  in  January,  annually,  the  Auditor  of 
.Public  Accounts  shall  apportion  to  each  county  the  common  school 
fund,  in  proportion  to  the  number  of  persons  in  each  county  under  the 
age  of  21  years,  as  ascertained  from  the  next  preceding  State  or  federal 
census,  and  shall  issue  an  order  upon  the  county  collector  to  pay  to 
the  county  superintendent  of  schools  the  amount  of  such  order  out  of 
the  first  funds  collected  by  him  and  not  otherwise  appropriated  by  law, 
and  take  the  county  superintendent's  receipt  for  the  same. 

§  212.  The  orders  issued  by  the  Auditor  of  Public  Accounts  for  the 
•common  school  fund  shall  be  received  by  the  State  Treasurer  in  payment 
of  amounts  due  the  State  from  county  collectors.  On  presentation  of 
such  orders  the  Auditor  shall  issue  his  warrants  to  the  treasurer  on  the 
school  fund  for  the  amount  of  the  school  fund  tax  orders,  and  on  the 
revenue  fund  for  the  amount  of  the  orders  for  interest  on  the  school 
fund  proper  and  the  surplus  revenue. 

§  213.  If  a  collector  shall  fail  or  refuse  to  pay  the  amount  of  an 
auditor's  order,  or  any  part  thereof,  by  the  first  day  of  March,  annually, 
or  as  soon  thereafter  as  it  may  be  presented,  the  county  superintendent 


58       . 

shall  begin  an  action  for  debt  against  the  collector  and  his  securities  in 
any  court  having  competent  jurisdiction,,  and  unless  it  shall  appear  to 
the  satisfaction  of  the  court  that  on  the  first  day  of  March,,  or  on  the 
day  of  presentation  of  payment  thereafter,,  the  collector  had  not  collected 
funds  sufficient  to  pay  such  order,  interest  at  the  rate  of  12  per  cent 
per  annum  upon  the  amount  due  shall  be  assessed  as  damages  and 
included  in  the  judgment  against  the  collector. 

§  214.  On  or  before  the  30th  day  of  September  of  each  year  the 
county  collectors,,  county  superintendents  of  schools,  township  collectors,, 
and  all  other  persons  paying  money  into  the  hands  of  school  treasurers 
for  school  purposes,  shall  notify  in  writing  the  presidents  of  school 
trustees  and  the  clerks  of  school  directors  of  the  amount  paid  into  the 
treasurer's  hands  and  the  date  of  payment, 

§  215.  The  county  superintendent  of  schools  shall  apportion  and 
distribute,  under  rules  and  regulations  prescribed  by  the  Superintendent 
oi  Public  Instruction,  the  principal  of  the  county  fund  to  the  townships 
and  parts. of  townships  in  his  county,  accorumg  to  the  number  of  persons 
under  21  years  of  age  returned  to  him.  The  principal  of  the  county 
fund  so  distributed  shall  be  added  to  the  principal  of  the  township  fund 
of  the  townships  and  parts  of  townships  in  his  county.  The  interest, 
rents,  issues  and  profits,  arising  and  accruing  from  the  principal  of 
the  county  fund  shall  be  distributed  to  the  townships  and  parts  of 
townships  in  his  county,  as  required  by  the  provisions  of  this  Act. 

§  216.  All  bonds,  notes,  mortgages,  moneys  and  effects  which  have 
accrued  or  may  accrue  from  the  sale  of  the  sixteenth  section  of  the 
common  school  lands  of  any  township,  or  from  the  sale  of  any  real 
estate  or  other  property  taken  on  any  judgment  or  for  any  debt  due  to  the 
principal  of  any  township  fund,  and  all  other  funds  of  every  description 
which  have  been  or  may  be  carried  to  and  made  part  of  the  principal  of 
any  township  fund,  shall  forever  constitute  the  principal  of  the  township 
fund;  and  no  part  thereof  shall  ever  be  distributed  or  expended  for 
any  purpose  whatever,  but  shall  be  loaned  and  held  to  use,  rent  or 
profit,  as  provided  by  law.  The  interest,  rents,  issues  and  profits  arising 
and  accruing  from  the  principal  of  any  township  fund  shall  be  distrib- 
uted in  the  manner  and  at  the  times  provided  by  this  Act;  nor  shall  any 
part  of  such  interest,  rents,  issues  and  profits  be  carried  to  the  principal 
of  any  township  fund,  unless  it  shall  appear  on  the  .first  Monday  in 
October  in  any  year  that  there  is  rent,  interest,  issues,  profits  or  other 
innds  not  required  for  distribution.  In  such  case  the  amount  not 
required  for  distribution  may,  in  the  discretion  oi  the  trustees  of  schools, 
be  added  to  the  principal  of  the  township  fund  and  loaned  as  such. 

SCHOOL    LANDS. 

§  217.  Section  16  in  every  township,  and  the  sections  and  parts 
of  sections  granted  in  lieu  of  all  or  part  of  such  section,  and  also  the 
lands  granted  for  the  use  of  schools  to  the  inhabitants  of  fractional 
townships  in  which  there  is  no  section  16,  or  in  case  such  section  shall 
not  contain  the  proper  proportion  for  the  use  of  schools  in  such  frac- 


tional  townships,  shall  be  held  as  common  school  lands;  and  the  pro- 
visions of  this  Act  referring  to  common  school  lands  shall  be  deemed 
to  apply  to  them. 

§  218.  All  the  business  of  a  township,  relating  to  common  school 
lands  shall  be  transacted  in  the  county  which  contains  all  or  the  greater 
portion  of  such  lands. 

§  219.  The  trustees  of  schools  in  townships  in  which  section  sixteen, 
or  other  lands  granted  in  lieu  thereof,  remain  unsold,  or  which  has  title 
to  any  other  school  lands  whatsoever,  may  rent  or  lease  the  same  for  an 
annual  rent  to  be  paid  in  money.  The  contract  made  by  the  president 
and  clerk,  under  the  direction  of  the  trustees  of  schools,  with  the  lessee 
or  lessees,  for  the  rent  or  lease  of  such  lands,  shall  be  in  writing  and  shall 
be  filed  with  the  records  of  the  board,  and  a  copy  transmitted  to  the 
county  superintendent.  In  case  of  default  in  the  payment  of  the  rent, 
the  trustees  shall  at  once  proceed  to  collect  the  same  by  distress,  or 
otherwise,  as  may  be  provided  by  law  for  the  collection  of  rents  by  land- 
lords. No  lease  taken  under  the  provisions  of  this  Act  shall  be  for  a 
longer  period  than  five  years,  except  when  such  lands  are  leased  for  the 
purpose  of  having  permanent  improvements  made  thereon,  as  in  cities 
and  villages.  The  provisions  of  this  section  shall  not  apply  to  cities 
having  a  population  of  over  one  hundred  thousand  inhabitants. 

§  220.  The  trustees  of  schools  of  any  township  are  hereby  authorized 
to  sell  and  convey  to  any  railroad  company  a  right  of  way  across  any 
school  lands  of  such  township,  and  necessary  depot  grounds. 

§  221.  If  any  person  shall,  without  being  duly  authorized,  cut,  fell, 
box,  bore,  destroy  or  carry  away  any  tree,  sapling  or  log  standing  or 
being  upon  any  school  lands,  such  person  shall  forfeit  and  pay,  for  every 
tree,  sapling  or  log  so  felled,  boxed,  bored,  destroyed  or  carried  away, 
the  sum  of  eight  dollars,  which  penalty  shall  be  recovered  with  costs  of 
suit,  by  action  of  debt  or  assumpsit,  before  any  justice  of  the  peace, 
or  in  the  county  or  circuit  court,  either  in  the  corporate  name  of  the 
board  of  trustees  of  the  township  to  which  the  land  belongs,  or  by  qui 
tarn  action  in  the  name  of  any  person  who  will  first  sue  for  the  same. 
One-half  of  the  judgment  secured  in  such  action  shall  go  to  the  person 
suing  and  the  other  half  to  the  township.  When  two  or  more  persons 
shall  be  concerned  in  the  same  trespass,  they  shall  be  jointly  and  sever- 
ally liable  for  the  penalty  herein  'imposed. 

§  222.  Every  trespasser  upon  common  school  lands  shall  be  liable 
to  indictment,  and,  upon  conviction,  shall  be  fined  three  times  the 
amount  of  the  injury  occasioned  by  the  trespass,  and  shall  stand  com- 
mitted as  in  other  cases  of  misdemeanor. 

§  223.  All  penalties  and  fines  collected  under  the  provisions  of  the 
two  preceding  sections  shall  be  paid  to  the  township  treasurer  and  be 
added  to  the  principal  of  the  township  fund. 

§  224.  When  the  inhabitants  of  any  township  shall  desire  the  sale 
of  the  common  school  lands  of  such  township,  they  shall  present  to  the 
county  superintendent  of  the  county  in  which  the  school  lands  of  the 
township  or  the  greater  part  thereof  lie,  a  petition  for  their  sale.  Such 
petition  shall  be  signed  by  at  least  two-thirds  of  the  legal  voters  of  the 


GO 

township.  The  petition  must  be  signed  in  the  presence  of  at  least  two 
adult  citizens  of  the  township,  after  the  true  meaning  and  purpose  there- 
of have  been  explained;  and  an  affidavit  must  be  affixed  thereto  by  the 
two  citizens  witnessing  the  signing,  which  affidavit  shall  state  the  num- 
ber of  inhabitants  in  the  township  21  years  of  age  and  over,  and  the 
petition  so  verified  shall  be  delivered  to  the  county  superintendent  for 
his  action  thereon.  In  townships  having  a  population  of  more  than 
10,000  inhabitants,  such  petition  shall  be  signed  by  at  least  one-tenth 
of  the  legal  voters  of  the  township,  and  delivered  to  the  county  superin- 
tendent at  least  fifteen  days  preceding  the  regular  election  of  trustees, 
or  the  date  of  a  special  election  which  may  be  called  for  such  purpose; 
and  thereupon  it  shall  be  the  duty  of  the  county  superintendent  to  notify 
the  voters  of  such  township  that  an  election  for  or  against  the  proposi- 
tion to  sell  common  school  lands  of  the  township,  or  a  portion  thereof, 
will  be  held  at  the  next  regular  election  of  trustees,  or  at  a  special  elec- 
tion called  for  that  purpose,  by  posting  notices  of  such  election  in  at 
least  ten  of  the  most  public  places  throughout  such  township,  for  at 
least  ten  days  before  the  date  of  such  regular  or  special  election,  which 
notice  may  be  in  the  following  form,  to  wit : 

ELECTION  FOB  SALE  OF  COMMON  SCHOOL  LANDS. 

Notice  is  hereby  given  that  on the day  of 

1. . .,  an  election  will  be  held  at  for  the  purpose  of 

voting  "for"  or  "against"  the  proposition  to  sell  common  school  lands  of 
the  township,  to-wit:  (here  insert  description  of  the  lands).  The  polls  will 

be  opened  at  o'clock,   ....m.,  and  closed  at  o'clock,   ...,m. 

A B 

County  Superintendent. 

The  ballots  of  such  election  shall  be  received  and  canvassed  as  in 
other  elections  provided  for  in  this  Act,  and  returns  of  the  results  thereof 
made  to  the  county  superintendent,  and  if  two-thirds  ol  the  vote  upon 
such  proposition  shall  have  been  cast  in  favor  of  the  sale,  the  county 
superintendent  shall  act  thereon.  No  section  shall  be  sold  in  any  town- 
ship containing  fewer  than  200  inhabitants;  and  common  school  lands 
in  fractional  townships  may  be  sold  when  the  number  of  inhabitants 
and  the  number  of  acres  are  in,  or  above,  a  ratio  of  200  to  640,  but  not 
before. 

§  225.  Any  fractional  township  not  having  the  requisite  number  of 
inhabitants  to  petition  for  the  sale  of  school  lands,  which  has  not  hereto- 
fore been  united  with  any  township  for  school  purposes,  and  which  does 
not  contain  a  sufficient  number  of  inhabitants  to  maintain  a  free  school, 
is  hereby  attached  for  school  purposes,  to  the  adjacent  congressional 
township  having  the  longest  territorial  line  bordering  on  such  fractional 
township,  and  all  the  provisions  of  this  Act  shall  apply  to  such  united 
townships  the  same  as  though  they  were  one  and  the  same  township. 

§  226.  When  the  petition  and  affidavits  are  delivered  to  the  county 
superintendent,  he  shall  notify  the  trustees  of  the  township,  who  shall 
immediately  divide  the  land  into  tracts  or  lots,  of  such  form  and  quan- 
tity as  will  produce  the  largest  sum  of  money,  and  cause  a  plat  of  the 
same  to  be  made  with  each  lot  numbered  and  defined  so  that  its  bound- 
aries mav  be  forever  ascertained. 


Gl 

§  227.  In  subdividing  common  school  lands,  no  lot  shall  contain 
more  than  eighty  acres,  and  the  division  may  be  into  town  or  village 
lots,  with  roads,  streets  or  alleys  between  them  and  through  the  same; 
and  all  such  divisions  are  hereby  declared  legal  and  all  such  roads, 
streets  and  alleys,  public  highways. 

§  228.  After  the  school  lands  have  been  subdivided  and  platted, 
the  trustees  of  schools  shall  fix  the  value  of  each  lot,  certify  to  the  cor- 
rectness of  the  plat,  stating  in  the  certificate  the  value  of  each  lot,  and 
describing  it  so  that  it  may  be  identified ;  which  plat  and  certificate  shall 
be  delivered  to  the  county  superintendent,  and  shall  govern  him  in  ad- 
vertising and  selling  such  lands. 

§  229.  Upon  receipt  of  the  plat  and  certificate  of  valuation  the 
county  superintendent  shall  advertise  the  sale  of  such  land  in  lots,  as 
divided  and  platted,  by  posting  notice  thereof  in  at  least  six  public 
places  in  the  county  forty  days  before  the  day  of  sale,  describing  the 
land  and  stating  the  time,  place  and  terms  of  sale.  Such  notice  shall 
also  be  printed  each  week  for  four  weeks  before  the  day  of  sale  in  a 
newspaper  published  in  the  county,  and  shall  be  in  the  following  form, 
to  wit: 

NOTICE    OF    SALE. 

Notice  is  hereby  given  that  on  the   day  of  ,  Ivy  is 

between  the  hours  of  10:00  o'clock,  a.  m.,  and  6:00,  p.  m.,  the  undersigned, 

superintendent  of  schools  of   county,  will  sell  at  public  sale 

to  the  highest  bidder,  at  the door  of  the  court  house  in 

(or  on  the  premises),  the  following  described  real  estate, 

the  same  being  a  part  of  the  school  lands  of  township  No ,  range  No. 

,  as  divided,  and  platted  by  the  trustees  of  schools  of  said  township,  to- 

wit:  (Here  insert  full  and  complete  description  of  said  premises.)  Said1 
lands  will  be  sold  for  cash  in  hand,  with  the  privilege  to  any  purchaser  of 
borrowing  from  the  undersigned  the  whole  or  part  of  the  payment  of  his  bid, 
for  not  less  than  one  nor  more  than  five  years,  upon  his  paying  interest  and" 
giving  security,  as  required  in  case  of  a  loan  obtained  from  the  township  fund. 

Dated  this day  of  ,  1. . . 

A B 

County  Superintendent. 

§  230.  Upon  the  day  of  sale,  the  county  superintendent  shall  pro- 
ceed to  make  sales  as  follows:  He  shall  begin  at  the  lowest  numbered 
lot  and  proceed  regularly  to  the  highest  numbered,  until  they  are  all 
sold  or  offered.  No  lot  shall  be  sold  for  less  than  its  valuation.  The 
sale  may  continue  from  day  to  day.  Each  lot  shall  be  sold  separately, 
and  offered  long  enough  to  enable  any  person  present  to  bid  who  may 
desire  to  do  so. 

§  231.  At  the  close  of  each  day's  sale  the  purchasers  shall  each 
pay  or  secure  the  payment  of  the  purchase  money.  In  case  of  a  failure 
to  do  so  by  10:00  o'clock  the  succeeding  day,  the  lot  purchased  shall 
again  be  offered  at  public  sale,  on  the  same  terms  as  before.  If  the  sale 
is  or  is  not  made  the  former  purchaser  shall  be  required  to  pay  the 
difference  between  his  bid  and  the  valuation  of  the  lot,  and  in  case  of 
his  failure  to  make  such  payment,  the  county  superintendent  may  forth- 
with institute  an  action  of  debt  or  assumpsit  in  his  name,  as  superin- 
tendent, for  the  use  of  the  inhabitants  of  the  township  where  the  land 


62 

lies,  -for  the  required  sum;  and  upon  making  proof,  shall  be  entitled  to 
judgment,  with  costs  of  suit  which,  when  collected,  shall  be  added  to 
the  principal  of  the  township  fund. 

§  232.  All  lands  not  sold  at  public  sale,  as  herein  provided  for, 
shall  be  subject  to  sale  at  any  time  hereafter,  at  the  valuation;  and 
the  county  superintendents  are  authorized  and  required,  when  in  their 
power,  to  sell  all  such  lands  at  private  sale,  upon  the  terms  at  which 
they  were  offered  at  public  sale. 

§  233.  In  all  cases  in  which  common  school  lands  have  been  valued 
and  have  remained  unsold  for  two  years  after  having  been  offered  for 
sale  in  conformity  to  this  Act,  the  trustees  of  schools  where  such  lands 
are  situated  may  vacate  the  valuation  thereof  by  an  order  to  be  entered 
in  book  A  of  the  county  superintendent,  and  cause  a  new  valuation  to 
be  made,  if  in  their  opinion,  the  interests  of  the  township  will  be  pro- 
moted thereby.  They  shall  make  the  second  valuation  in  the  same  man- 
ner as  the  first,  and  shall  deliver  to  the  county  superintendent  a  plat 
of  the  land  at  such  second  valuation,  with  the  order  of  vacation,  to  be 
entered,  as  aforesaid;  whereupon  the  county  superintendent  shall  offer 
the  land  for  sale,  as  if  no  former  valuation  had  been  made.  The  second 
valuation  may  be  made  by  the  trustees  of  schools  without  a  petition. 

'§  234.  Upon  the  completion  of  every  sale  the  county  superintendent 
shall  deliver  to  the  purchaser  a  certificate  of  purchase  including  the 
name  and  residence  of  the  purchaser  and  the  price  and  description  of 
the  land. 

§  235.  Every  purchaser  of  common  school  lands  shall  be  entitled  to 
a  patent  from  the  State,  conveying  and  assuring  the  title.  Patents 
shall  be  issued  by  the  Auditor  of  Public  Accounts  from  returns  made  to 
him  by  the  county  superintendent.  They  shall  contain  a  description  of 
the  land  granted,  and  shall  be  in  the  name  of  and  signed  by  the  Gover- 
nor, countersigned  by  the  Auditor,  with  the  great  seal  of  State  affixed 
thereto  by  the  Secretary  of  State,  and  shall  operate  to  vest  in  the  pur- 
chaser a  perfect  title  in  fee  simple.  When  patents  are  executed  as  herein 
required,  the  Auditor  shall  note  on  the  list  of  sales  the  date  of  each 
patent,  in  such  manner  as  to  perpetuate  the  evidence  of  its  date  and 
deliverjr,  and  thereupon  transmit  the  same  to  the  county  superintendent 
of  the  proper  county,  to  be  by  him  delivered  to  the  patentee,  his  heirs 
or  assigns,  upon  the  return  of  the  original  certificate  of  purchase,  which 
certificate,  when  returned,  shall  be  filed  and  preserved  by  the  county 
superintendent;  and  all  such  patents  so  issued  by  the  State  for  school 
lands,  or  duly  certified  copies  thereof  from  any  record  legally  made, 
shall,  after  a  lapse  of  ten  years  from  the  date  of  such  patent,  and  such 
sale  having  been  ecquiesced  in  for  ten  years  by  the  inhabitants  of  the 
township  in  which  the  land  so  conveyed  may  be  situated,  be  conclusive 
evidence  as  to  the  legality  of  the  sale,  and  that  the  title  to  such  land 
was,  at  the  date  of  the  patent,  legally  vested  in  the  patentee. 

§  236.  Purchasers  of  common  school  lands,  and  their  heirs  or  as- 
signs, may  obtain  certified  copies  of  certificates  of  purchase  and  patents, 
upon  filing  affidavit  with  the  county  superintendent  in  respect  to  certifi- 


cates,  and  with  the  auditor  in  respect  to  patents,  proving  the  loss  or  de- 
struction of  the  originals ;  and  such  copies  shall  have  the  force  and  effect 
of  originals. 

§  237.  The  trustees  of  schools  are  hereby  authorized  to  dedicate  to 
public  use,  for  street  and  highway  purposes,  as  much  of  the  unimproved 
common  school  lands  as  may  be  necessary  to  open  or  extend  any  street 
or  highway  which  may  be  ordered  by  the  municipal  authorities  to  be 
opened  or  extended,  if  they  shall  be  of  the  opinion  that  the  benefit  to 
accrue  from  the  opening  or  extending  of  such  street  or  highway  will 
compensate  for  the  strip  so  dedicated.  It  shall  not  be  lawful  for  any 
street  or  other  railroad  to  lay  tracks  on  any  strip  of  the  common  school 
lands  so  dedicated,  or  use  the  same  or  any  part  thereof  for  railroad  or 
street  railroad  purposes,  except  upon  the  purchase  or  lease  of  the  land 
from  the  proper  authorities,  or  upon  payment  to  the  school  fund  of  the 
township  of  the  value  of  such  use  or  land,  the  same  as  if  no  street  or 
highway  had  been  laid  out  thereon,  to  be  determined  by  condemnation 
proceedings.  This  section  shall  not  in  any  way  affect  existing  leases 
or  contracts  for  the  lease  or  purchase  of  common  school  lands. 

FINES,    FORFEITURES    AND    PENALTIES. 

§  238.  All  fines,  forfeitures  and  penalties  imposed  or  incurred  in 
any  of  the  courts  of  record,  or  before  any  justice  of  the  peace  of  the 
State,  except  fines,  forfeitures  and  penalties  incurred  or  imposed  in  in- 
corporated towns  or  cities  for  the  violation  of  the  by-laws  or  ordinances 
thereof,  shall,  when  collected,  be  paid  to  the  county  superintendent  of 
schools  of  the  county  wherein  such  fines,  forfeitures  or  penalties  have 
been  imposed  or  incurred,  and  the  county  superintendent  of  schools 
shall  give  his  receipt  therefor  to  the  person  from  whom  such  fine,  for- 
feiture Or  penalty  was  received. 

§  23,9.  It  shall  be  the  duty  of  the  State's  attorneys  ot  the  several 
counties  to  enforce  the  collection  of  all  fines,  forfeitures  and  penalties 
imposed  or  incurred  in  the  courts  of  record  of  their  respective  counties, 
and  to  pay  the  same  to  the  county  superintendent  of  the  county  wherein 
the  same  have  been  imposed  or  incurred,  retaining  therefrom  the  fees 
and  commissions  allowed  them  by  law. 

§  240.  It  shall  be  the  duty  of  the  justices  of  the  peace  to  enforce 
the  collection  of  all  fines,  forfeitures  and  penalties  imposed  by  them; 
and  to  pay  the  same  to  the  county  superiitendent  of  the  county  in  which 
the  same  were  imposed. 

§  241.  Clerks  of  courts  of  record,  State's  attorneys  and  all  justices 
of  the  peace  shall  report,  under  oath,  to  the  county  court  of  their  respec- 
tive counties,  by  the  first  of  March,  annually,  the  amount  of  such  fines, 
forfeitures  and  penalties  imposed  or  incurred  in  their  respective  courts, 
and  the  amount  of  such  fines,  forfeitures  and  penalties  collected  by 
them,  giving  each  item  separately;  and  if  any  such  officer  has  collected 
no  such  fines,  forfeitures  or  penalties  he  shall  make  affidavit  to  such 
fact,  and  file  the  same  with  the  county  superintendent.  The  judges  of 
the  county  court  shall  inspect  the  said  reports,  and  may  hear  evidence 
thereon,  and  if  found  correct  and  truthful,  shall  enter  an  order  approv- 


64 

ing  such,  report,  and  directing  that  any  moneys  in  the  hands  of  such 
officers  so  reporting  shall  be  paid  over  to  the  superintendent  of  schools. 
If  the  court  shall  not  approve  such  report,  he  may  order  another  one 
to  be  made,  and  upon  a  failure  to  comply  with  the  order  of  the  court, 
or  to  make  a  satisfactory  report,  the  court  may  state  an  account  and 
enter  an  order  to  pay  over,  as  herein  provided.  The  court,  for  all  pur- 
poses for  carrying  out  the  provisions  of  this  section,  shall  have  power  to 
examine  books  and  papers  as  provided  in  section  240  of  this  Act,  and 
shall  have  power  to  issue  subpcenas  for  both  books  and  persons.  No- 
report  shall  be  approved  until  the  court  shall  have  given  the  superin- 
tendent five  days7  notice  of  the  same,  and  the  superintendent  shall  be 
allowed  to  inspect  the  report,  and  may  be  heard  by  the  court  concerning 
the  same.  The  officers  charged  with  the  collection  of  fines,  forfeitures 
and  penalties,  the  said  clerks,  State's  attorneys  and  justices  of  the  peace, 
for  a  failure  to  make  such  report,  shall  be  liable  to  a  fine  of  twenty-five 
dollars  for  each  offense,  such  fine  to  be  recovered  in  a  civil  action,  before 
any  court,  at  the  suit  of  the  county  superintendent  of  schools  of  the 
proper  county. 

§  242.  For  a  failure  to  pay  any  fine,  forfeiture  or  penalty,  on. demand, 
to  the  person  who  is  by  law  authorized  to  receive  the  same,  the  officer 
or  person  having  collected  the  same,  or  having  the  same  in  his  possession 
or  control,  shall  forfeit  and'  pay  double  the  amount  of  such  fine,  forfeiture 
or  penalty,  to  be  recovered  before  any  court  having  jurisdiction  thereof,  in 
a  qui  tarn  action,  one-half  to  be  paid  to  the  informer  and  one-half  to  the 
distributive  fund  of  the  proper  county. 

§  243.  In  case  any  clerk  of  a  court  of  record,  State's  attorney  or 
justice  of-  the  peace  shall  fail  to  make  the  report  provided  for  in  section 
238  of  this  Act,  the  county  court  shall  have  power,  and  it  is  hereby  made 
the  duty  of  the  judge  of  said  court,  to  examine  all  records  pertaining  to 
the  office  of  such  delinquent  officer  and  enforce  the  payment  of  whatever 
sum  may  be  found  due  the  school  fund  from  such  delinquent  officer.  For 
the  purpose  of  making  such  examination,  the  county  court  shall  -have 
the  right  to  call  for  any  paper  or  papers,  docket,  fee  book  or  other 
record  belonging  to  the  office  of  such  delinquent  officer,  and  in  case  such 
delinquent  officer  fails  or  refuses  to  furnish  such  paper,  docket,  fee  book 
or  other  record  for  the  inspection  or  use  of  such  county  court,  he  shall 
forfeit  the  sum  of  one  hundred  dollars,  to  be  recovered  in  an  action  jf 
debt  or  assumpsit,  before  any  court  of  this  State  having  jurisdiction 
of  the  actions  of  debt  and  assumpsit,  and  such  penalty,  when  collected, 
shall  be  paid  into  the  distributive  fund  of  the  proper  county. 

LIABILITY  OF  SCHOOL  OFFICERS. 

§  244.  When  the  county  superintendent  of  schools  of  any  county 
shall  notify  the  trustees  of  schools  of  a  township,  in  writing,  that  the 
notes,  bonds,  mortgages  or  other  evidences  of  indebtedness  which  have 
been  taken  officially  by  the  township  treasurer,  are  not  in  proper  form, 
or  that  the  securities  which  he  has  taken  are  insufficient,  it  shall  be  the 
duty  of  the  trustees  to  take  at  once  such  action  as  may  be  necessary  to 
protect  the  property  or  fund  of  the  township  and  the  district.  For  a 


65 

failure  or  rerusal  to  take  such  action  within  twenty  (lays  after  such 
notice,  the  trustees  of  schools,  each  in  his  individual  capacity,  shall  be 
liable  to  a  fine  of  not  less  than  twenty-five  nor  more  than  one  hundred 
dollars,  to  be  recovered  before  any  justice  of  the  peace,  or  information 
in  the  name  of  the  People  of  the  State  of  Illinois,  provided  such  insuffi- 
ciency is  proven,  and,  when  collected,  such  fine  shall  be  paid  to  the 
county  superintendent  of  the  proper  county  for  the  use  of  the  schools. 
The  payment  of  this  fine  shall  not  relieve  the  board  of  trustees  from 
any  civil  liability  they  may  have  incurred  from  such  neglect  of  duty. 

§  245.  When  a  change  shall  be  made  in  the  boundaries  of  a  school 
district,  and  a  written  statement  of  such  change  shall  be  delivered  to 
the  county  clerk,  it  shall  be  the  duty  of  the  county  clerk  to  file  such 
statement  and  all  papers  relating  thereto  and  record  them.  And  in  case 
of  a  neglect  or  failure  to  do  so  the  said  county  clerk  shall  be  liable  to 
a  penalty  of  twenty-five  dollars,  to  be  recovered  by  an  action  of  debt, 
before  any  justice  of  the  peace,  at  the  suit  of  the  county  superintendent, 
for  the  benefit  of  the  school  fund  of  the  county. 

§  246.  Trustees  of  schools  shall  be  liable,  jointly  and  severally,  for 
the  sufficiency  of  securities  taken  from  township  treasurers;  and  in  case 
of  judgment  against  any  treasurer  and  his  securities  for  or  on  account 
of  any  default  of  such  treasurer,  on  which  the  money  shall  not  be  made 
for  want  of  sufficient  property  whereon  to  levy  execution,  action  on  the 
case  may  be  maintained  against  the  trustees,  jointly  and  severally,  and 
the  amount  not  collected  on  the  judgment  shall  be  recovered  with  costs 
of  suit  from  such  trustees.  If  the  trustees  can  show,  satisfactorily,  that 
the  security  taken  from  the  treasurer,  was,  at  the  time  it  was  taken,  good 
and  sufficient,  they  shall  not  be  liable. 

§  247.  If  the  trustees  of  schools  shall  fail  to  observe  the  provisions 
of  this  Act  in  reference  to  the  distribution  of  funds  and  property  when 
a  new  district  is  formed,  they  shall  be  individually  and  jointly  liable 
to  the  district  interested,  in  an  action  on  the  case,  to  the  full  amount 
of  the  damages  sustained  by  the  district  aggrieved.  When  trustees  have 
heretofore  failed  to  make  the  distribution  of  property  to  districts,  as 
provided  by  this  Act,  the  district  interested  in  such  distribution  may, 
by  its  directors,  request  the  trustees  in  writing  to  make  such  distribu- 
tion; and  the  trustees  shall  make  it  in  the  manner  prescribed,  and  shall 
be  liable,  as  herein  stated,  for  the  neglect  or  failure  to  do  so. 

§  248.  The  clerk  of  any  board  of  trustees  who  shall  fail,  neglect  or 
refuse  to  perform  the  duties  imposed  upon  him  by  this  Act,  within  the 
time  or  in  the  manner  prescribed,  shall,  for  each  offense,  forfeit  not 
less  than  ten  dollars,  nor  more  than  twenty-five  dollars,  of  his  pay  as 
clerk  of  the  trustees  of  schools  and  township  treasurer,  which  forfeiture 
shall  be  enforced  by  the  trustees. 

§  249.  For  a  failure  on  the  part  of  the  treasurer,  clerk  of  any  board 
of  directors,  or  any  director,  to  comply  with  any  of  the  requirements  of 
this  Act,  he  shall  be  liable  to  a  penalty  of  not  less  than  $5.00  nor 
more  than  $50.00,  to  be  recovered  before  any  justice  of  the  peace  of 
the  county  in  which  the  offense  is  committed. 

—SSL 


66 

§  250.  For  any  failure  or  refusal  to  perform  all  the  duties  required 
of  the  township  treasurer  by  law,  he  shall  be  liable  to  the  trustees  of 
schools,  upon  his  official  bond,  for  all  damages  sustained,  to  be  recovered 
by  action  of  debt  by  the  trustees  for  the  use  of  the  township,  before  any 
court  having  jurisdiction  of  the  amount  of  damages  claimed;  but  if  the 
treasurer,  in  any  failure  or  refusal,  acted  under  and  in  conformity  to  a 
requisition  or  order  of  the  trustees  of  schools,  or  a  majority  of  them, 
entered  upon  their  journal  and  subscribed  by  their  president  and  clerk, 
then,  and  in  that  case,  the  trustees  of  schools  or  those  voting  for  such 
requisition  or  order,  and  not  the  treasurer,  shall  be  liable,  jointly  and 
severally,  to  the  inhabitants  of  the  township  for  such  damages,  to  be 
recovered  by  an  action  of  assumpsit  in  the  official  name  of  the  county 
superintendent  of  schools,  for  the  use  of  the  townships :  Provided,  how- 
ever, that  the  township  treasurer  shall  be  liable  for  any  part  of  the 
judgment  obtained  against  the  trustees  of  schools  which  cannot  be  col- 
lected on  account  of  their  insolvency. 

§  251.  If  judgment  shall  be  obtained  against  any  trustee  of  schools 
or  directors,  the  party  entitled  to  the  benefit  of  such  judgment  may  have 
execution  therefor  as  follows:  The  court  in  which  such  judgment  shall 
be  obtained,  or  to  which  such  judgment  may  be  removed  by  transcript 
or  appeal  from  a  justice  of  the  peace,  or  other  court,  shall  issue  a  writ 
commanding  the  directors,  trustees  and  treasurer  of  such  township  to 
cause  the  amount  thereof,  with  interest  and  costs,  to  be  paid  to  the  party 
entitled  to  the  benefit  of  such  judgment,  out  of  any  moneys  of  such 
township  or  district  unappropriated,  or  if  there  be  no  such  moneys,  out 
of  the  first  moneys  applicable  to  the  payment  of  the  kind  of  services 
or  indebtedness  for  which  such  judgment  shall  be  obtained,  which  shall 
be  received  for  the  use  of  such  township  or  district,  and  to  enforce 
obedience  to  such  writ  by  attachment,  or  by  mandamus,  requiring  such 
board  to  levy  a  tax  for  the  payment  of  such  judgment;  and  all  legal 
processes,  as  well  as  writs  to  enforce  payment,  shall  be  served  either  on 
the  president  or  the  clerk  of  the  board. 

§  252.  Trustees  of  schools,  or  either  of  them,  failing  or  refusing  to 
make  returns  of  children  in  their  township  according  to  the  provisions 
of  this  Act,  or  if  either  of  them  shall  knowingly  make  a  false  return, 
the  party  so  offending  shall  be  liable  to  a  penalty  of  not  less  than  $10.00 
nor  more  than  $100.00,  to  be  recovered  by  an  action  of  assumpsit  before 
any  justice  of  the  peace  of  the  county;  which  penalty,  when  collected, 
shall  be  added  to  the  distributive  fund  of  the  township  in  which  the 
trustees  reside. 

§  253,  If  the  judges  of  a  school  election  called  for  any  legal  pur- 
pose snail  fail  or  neglect  to  deliver  a  copy  of  the  poll  book  of  any  such 
election,  with  a  certificate  thereon  showing  the  results  of  such  election, 
to  the  officer  to  whom  such  return  shall  be  made,  within  ten  days  after 
such  election,  they  shall  be  severally  liable  to  a  penalty  of  not  less  than 
$25.00  nor  more  than  $100.00,  to  be  recovered  in  the  name  of  the 
People  of  the  State  of  Illinois,  by  an  action  of  debt  before  any  justice 
of  the  peace  of  the  county.  The  penalty,  when  collected,  shall  be  added 
to  the  distributive  fund  of  the  township. 


67 

§  254.  If  the  school  directors  of  any  district  in  this  State  shall  fail 
to  examine  and  deliver  to  the  township  treasurer  on  or  before  the  seventh 
day  of  July,  annually,  all  teachers'  schedules  made  and  certified  as 
required  by  law,  and  covering  the  time  taught  during  the  school  year 
ending  June  30,  they  shall  be  personally  liable  to  the  district  for  any 
and  all  loss  sustained  by  it  through  their  failure  to  do  so. 

§  255.  Any  director  who  shall  be  interested  in  a  contract  made  by 
the  board  of  which  he  is  a  member  shall  be  liable  to  indictment,  and 
upon  conviction  shall  be  fined  in  a  sum  not  less  than  $25.00  and  not 
more  than  $500.00,  and  may  be  imprisoned  in  the  county  jail  not  less 
than  one  nor  more  than  twelve  months,  at  the  discretion  of  the  court. 

§  256.  For  any  failure  to  comply  with  the  requisitions  of  section  97 
of  this  Act,  the  treasurer  or  other  person  neglecting  or  refusing  shall 
be  liable  to  a  penalty  of  not  less  than  ten  nor  more  than  one  hundred 
dollars,  at  the  discretion  of  the  court  before  which  judgment  may  be 
obtained,  to  be  recovered  in  an  action  of  debt  before  any  justice  of  the 
peace,  for  the  benefit  of  the  distributive  fund  of  such  township:  Pro- 
vided, however.,  that  the  obtaining  or  payment  of  such  judgment  shall 
in  no  wise  discharge  or  diminish  the  obligations  of  the  persons  signing 
the  official  bond  of  such  township  treasurer. 

§  257.  If  any  county  superintendent,  trustee  of  schools,  township 
treasurer,  director  or  any  other  person  entrusted  with  the  care,  control, 
management  or  disposition  of  any  school,  college,  seminary  or  township 
fund  for  the  use  of  any  county,  township,  district  or  school,  shall  con- 
vert such  funds,  or  any  part  thereof,  to  his  own  use,  he  shall  be  liable 
to  indictment,  and,  upon  conviction,  shall  be  fined  in  a  sum  not  less 
than  double  the  amount  of  money  converted  to. his  own  use,  and  impris- 
oned in  the  county  jail  not  less  than  one  nor  more  than  twelve  months, 
at  the  discretion  of  the  court. 

§  258.  The  real  estate  of  county  superintendents,  of  township  treas- 
urers, and  all  other  school  officers,  and  of  the  securities  of  each  of 
them,  shall  be  bound  for  the  satisfaction  and  payment  of  all  claims  and 
demands  against  such  superintendents,  treasurers  and  other  school  officers 
as  such  from  the  date  of  issuing  process  against  them,  in  actions  or  suits 
brought  to  recover  such  claims  or  demands  until  satisfaction  thereof  be 
obtained;  and  no  sale  or  alienation  of  real  estate,  by  any  superintendent, 
treasurer  or  other  officer  or  security,  shall  defeat  the  lien  created  by  this 
section,  but  all  and  singular  such  real  estate  held,  owned  or  claimed, 
shall  be  liable  to  be  sold  in  satisfaction  of  any  judgment  which  may  be 
obtained  in  such  actions  or  suits. 

§  259.  If  any  county  superintendent,  trustee,  director,  or  other  offi- 
cer whose  duty  it  is,  shall  negligently  or  wilfully  fail  or  refuse  to  make, 
furnish  or  communicate  statistics  and  information,  or  shall  fail  to 
discharge  the  duties  enjoined  upon  them,  or  either  of  them,  at  the  time 
and  in  the  manner  required  by  the  provisions  of  this  Act,  he  shall  be 
liable  to  a  fine  of  not  less  than  $25.00,  to  be  recovered  before  any 
justice  of  the  peace  at  the  suit  of  any  person,  on  information  in  the 
name  of  the  People  of  the  State  of  Illinois,  and  when  collected,  the  fine 
shall  be  paid  to  the  county  superintendent  of  schools. 


68 

§  260.  No  State,  county,  township  or  district  school  officer  or  teacher 
shall  be  interested  in  the  sale,  proceeds  or  profits  of  any  book,  apparatus 
or  furniture  used  or  to  be  used  in  any  school  in  this  State  with  which 
such  officer  or  teacher  may  be  connected;  and  for  offending  against  the 
provisions  of  this  section  such  State,  county,  township  or  district  school 
officer  or  teacher  shall  be  liable  to  indictment,  and  upon  conviction  shall 
be  fined  not  less  than  twenty-five  nor  more  than  five  hundred  dollars, 
and  may  be  imprisoned  in  the  county  jail  not  less  than  one  nor  more 
than  twelve  months,  at  the  discretion  of  the  court. 

§  261.  Any  school  officer  or  officers,  or  any  other  person,  who  shall 
exclude  or  aid  in  excluding  from  the  public  schools,  on  account  of  color, 
any  child  who  is  entitled  to  the  benefits  of  such  school,  shall  be  fined, 
upon  conviction,  not  less  than  five  nor  more  than  one  hundred  dollars. 

§  262.  Any  person  who  shall,  by  threats,  menace  or  intimidation, 
prevent  any  colored  child  entitled  to  attend  a  public  school  in  this 
State  from  attending  such  school  shall,  upon  conviction,  be  fined  not 
exceeding  $25.00. 

§  263.  No  county,  city,  town,  township,  school  district  or  other 
public  corporation  shall  make  any  appropriation,  or  pay  from  any  school 
fund  whatever,  anything  in  aid  of  any  church  or  sectarian  purpose,  or 
to  support  or  sustain  any  school,  academy,  seminary,  college,  university 
or  other  literary  or  scientific  institution  controlled  by  any  church  or 
sectarian  denomination  whatever;  nor  shall  any  grant  or  donation  of 
money,  or  other  personal  property,  be  made  by  any  such  corporation  to 
any  church  or  for  any  sectarian  purpose.  Any  officer,  or  other  person 
having  under  his  charge  or  direction  school  funds  or  property,  who  shall 
pervert  the  same  in  the  manner  forbidden  in  this  section  shall  be  liable 
to  indictment,  and,  upon  conviction,  shall  be  fined  in  a  sum  not  less  than 
double  the  value  of  the  property  so  perverted,  and  imprisoned  in  the 
county  jail  not  less  than  one  nor  more  than  twelve  months,  at  the 
discretion  of  the  court. 

§  264.  County  superintendents,  trustees  of  schools,  township  treas- 
urers and  directors,  or  either  of  them,  or  any  other  officer  having  charge 
of  school  funds  or  property,  shall  be  pecuniarily  responsible  for  all  losses 
sustained  by  any  county  or  township  fund,  by  reason  of  any  failure  on 
his  or  their  part  to  perform  the  duties  required  of  him  or  them  by  the 
provisions  of  this  Act,  or  by  any  rule  or  regulation  authorized  to  be  made 
by  the  provisions  of  this  Act,  and  each  and  every  one  of  the  officers 
aforesaid  shall  be  liable  for  any  such  loss  sustained  as  aforesaid,  and 
the  amount  of  such  loss  may  be  recovered  in  a  civil  action  brought  in 
any  court  having  jurisdiction  thereof,  at  the  suit  of  the  State  of  Illinois, 
for  the  use  of  the  county,  township  or  fund  injured ;  the  amount  of  the 
judgment  obtained  in  such  suit  shall,  when  collected,  be  paid  to  the 
proper  officer  for  the  benefit  of  the  county,  township  or  fund  injured. 

MISCELLANEOUS. 

§  265.  All  school  officers  elected  in  pursuance  of  any  general  law 
now  in  force  shall  hold  their  respective  offices  until  their  successors  are 
elected  and  qualified  under  the  provisions  of  this  Act. 


§  266.  Trustees  of  schools,  school  directors  or  other  school  officers 
performing  like  duties,  shall  receive  no  pecuniary  compensation,  but 
they  shall  be  exempt  from  road  labor  and  military  duty  during  their 
term  of  office. 

§  267.  No  justice  of  the  peace,  constable,  clerk  of  any  court,  sheriff 
or  coroner  shall  charge  any  costs  in  any  suit  in  which  any  school  officer, 
school  corporation  or  any  agent  of  any  school  fund,  suing  for  the  recovery 
of  the  same,  or  any  interest  due  thereon,  is  plaintiff  and  shall  be  unsuc- 
cessful in  such  suit;  nor  in  case  the  costs  -cannot  be  recovered  from 
the  defendant  by  reason  of  the  insolvency  of  such  defendant. 

§  268.  No  person  shall  vote  at  any  school  election  held  under  the 
provisions  of  this  Act  who  does  not  possess  the  qualifications  of  a  voter 
at  a  general  election. 

§  269.  Any  woman  who  has  attained  the  age  of  21  years,  and  who 
possesses  the  qualifications  prescribed,  shall  be  eligible  to  any  office  under 
the  general  or  special  school  laws  of  this  State. 

§  270.  Any  woman  who  is  a  citizen  and  has  attained  the  age  of 
21  years,  who  shall  have  resided  in  the  State  one  year,  in  the  county 
ninety  days  and  in  the  election  district  thirty  days  preceding  any 
•election  held  for  the  purpose  of  choosing  any  school  officer  under  the 
general  or  special  school  laws-  of  this  State,  shall  be  entitled  to  vote  at 
such  election,  when  registered  in  the  manner  provided  by  law.  If  the 
election  of  school  officers  shall  occur  at  the  time  other  public  officers  are 
elected,  the  ballot  offered  by  any  woman  shall  contain  only  the  names 
of  candidates  for  school  officers.  Such  ballots  shall  be  deposited  in  a 
separate  ballot  box,  but  canvassed  with  other  ballots  cast  for  school 
officers  at  such  election. 

§  271.  The  Governor  shall,  annually,  in  the  spring,  designate  by 
official  proclamation,  a  day  or  days  to  be  known  as  "Arbor  and  Bird  day," 
to  be  observed  throughout  the  State  as  a  day  for  planting  trees,  shrubs 
and  vines  about  the  homes  and  along  highways,  and  about  public  grounds 
within  this  State,  and  as  a  day  on  which  to  hold  appropriate  exercises 
in  the  public  schools  and  elsewhere,  tending  to  show  the  value  of  trees 
and  birds  and  the  necessity  for  their  protection. 

§  272.  The  proceedings  of  the  State  Teachers'  Association,  when 
approved  by  the  Superintendent  of  Public  Instruction,  shall  be  printed 
and  bound  by  the  Secretary  of  State,  on  the  same  terms  as  the  proceed- 
ings of  State  boards,  and  the  Auditor  of  Public  Accounts  shall  draw 
his  warrant  therefor  on  the  State  Treasurer  to  be  paid  out  of  the  appro- 
priation for  printing,  upon  a  voucher  properly  certified  by  the  Board 
of  Commissioners  of  State  Contracts. 

§  273.  The  nature  of  alcoholic  drinks  and  other  narcotics  and  their 
effects  on  the  human  system  .shall  be  taught  in  connection  with  the 
various  divisions  of  physiology  and  hygiene,  as  thoroughly  a.s  are  other 
branches,  in  all  schools  under  State  control,  or  supported  wholly  or  in 
part  by  public  money,  and  also  in  all  schools  connected  with  reformatory 
institutions.  All  pupils-  in  the  above  mentioned  schools,  below  the 
?econd  year  of  the  high  school  and  above  the  third  year  of  school  work, 
computing  from  the  beginning  of  the  lowest  primary  year,  or  in  cor- 


70 

responding  classes  of  ungraded  schools,  shall  be  taught  and  shall  study 
this  subject  every  year  from  suitable  text  books  in  the  hands  of  all 
pupils,  for  not  less  than  four  lessons  a  week  for  ten  or  more  weeks  of 
each  year,  and  must  pass  the  same  tests  in  this  as  in  other  studies.  In 
all  schools  above  mentioned  all  pupils  in  the  lowest  three  primary  school 
3rears,  or  in  corresponding  classes  in  ungraded  schools,  shall  each  year  be 
instructed  in  this  subject  orally  for  not  less  than  three  lessons  a  week 
for  ten  weeks  in  each  year,  by  teachers  using  text  books  adapted  for  such 
oral  instruction  as  a  guide  and  standard.  The  local  school  authorities 
shall  provide  needed  facilities  and  definite  time  and  place  for  this  branch 
in  the  regular  courses  of  study.  The  text  books  in  the  pupils'  hands  shall 
be  graded  to  the  capacity  of  the  fourth  year,  intermediate,  grammar  and 
high  school  pupils,  or  to  corresponding  classes  as  found  in  ungraded 
schools.  For  students  below  high  school  grade  such  text  books  shall  give 
at  least  one-fifth  their  space,  and  for  students  of  high  school  grade  shall 
give  not  less  than  twenty  pages,  to  the  nature  and  effects  of  alcoholic 
drinks  and  other  narcotics.  The  pages  on  th'is  subject,  in  a  separate 
chapter  at  the  end  of  the  book,  shall  not  be  counted  in  determining  the 
minimum.  In  all  normal  schools,  teachers'  training  classes  and  teachers' 
institutes,  adequate  time  and  attention  shall  be  given  to  instruction  in 
the  best  method  of  teaching  this  branch,  and  no  teacher  shall  be 
licensed  who  has  not  passed  a  satisfactory  examination  in  this  subject 
and  the  best  methods .  of  teaching  it.  Any  school  officer  or  officers  who 
shall  neglect  or  fail  to  comply  with  the  provisions  of  this  section  shall 
forfeit  and  pay  for  each  offense  the  sum  of  not  less  than  five  dollars  nor 
more  than  twenty-five  dollars. 

§  274.  Every  person  having  control  of  any  child  between  the  ages 
of  seven  and  sixteen  years,  shall  annually  cause  such  child  to  attend  some 
public  or  private  school  for  the  entire  time  during  which  the  school  at- 
tended is  in  session,  which  shall  not  be  less  than  six  months  of  actual 
teaching:  Provided,  Tiowever,  that  this  Act  shall  not  apply  in  case  the 
child  has  been  or  is  being  instructed  for  a  like  period  in  each  and  every 
year  in  the  elementary  branches  of  education  by  a  person  or  persons 
competent  to  give  such  instruction,  or  in  case  the  child's  physical  or 
mental  condition  renders  his  or  her  attendance  impracticable  or  inex- 
pedient, or  in  case  the  child  is  excused  for  temporary  absence  for  cause 
by  the  principal  or  teacher  of  the  school  which  said  child  attends,  or 
in  case  the  child  is  between  the  ages  of  fourteen  and  sixteen  years  and  is 
necessarily  and  lawfully  employed  during  the  hours  when  the  public 
school  is  in  session.  For  every  neglect  of  the  duty  prescribed  by  this 
section,  the  person  so  offending  shall  forfeit  to  the  use  of  the  public 
schools  of  the  city,  town  or  district,  in  which  such  child  resides,  a  sum 
not  less  than  five  dollars  nor  more  than  twenty  dollars  and  costs  of  suit, 
and  shall  stand  committed  until  such  fine  and  costs  of  suit  are  paid. 

§  275.  The  board  of  education  or  the  board  of  school  directors,  as 
the  case  may  be,  shall  appoint  at  the  time  of  election  of  teachers  one  or 
more  truant  officers  whose  duty  it  shall  be  to  report  all  violations  of  the 
preceding  section  to  the  board  of  education  or  board  of  directors  and  to 


71 

enter  complaint  against  and  prosecute  all  persons  who  shall  appear  to 
be  guilty  of  such  violation.  It  shall  also  be  the  duty  of  the  truant  officer 
to  arrest  any  child  of  school  going  age  that  habitually  haunts  public 
places  and  has  no  lawful  occupation,  and  also  any  truant  child  who 
absents  himself  or  herself  from  school,  and  to  place  him  or  her  in  charge 
of  the  teacher  having  charge  of  any  school  which  said  child  is  by  law 
entitled  to  attend,  and  which  school  shall  be  designated  to  said  officer  by 
the  parent,  guardian  or  person  having  control  of  said  child.  In  case  such 
parent,  guardian  or  person  shall  designate  a  school  without  making  or 
having  made  arrangements  for  the  reception  of  said  child  in  the  school 
so  designated,  or  in  case  he  refuses  or  fails  to  designate  any  school, 
then  such  truant  officer  shall  place  such  child  in  charge  of  the  teacher 
of  the  public  school.  And  it  shall  be  the  duty  of  said  teacher  to  assign 
said  child  to  the  proper  class  and  to  instruct  him  or  her  in  such  studies 
as  he  or  she  is  fitted  to  pursue.  The  truant  officer  so  appointed  shall 
be  entitled  to  such  compensation  for  services  rendered  under  this  Act 
as  shall  be  determined  by  the  board  appointing  him,  which  compensation 
shall  be  paid  from  the  distributive  fund  of  the  district:  Provided, 
however,  that  nothing  herein  shall  prevent  the  parent,  guardian  or  per- 
son having  charge  of  such  truant  child,  which  has  been  placed  in  any 
school  by  the  truant  officer,  to  send  said  child  to  any  other  school  which 
said  child  is  by  law  entitled  to  attend.  Any  person  having  control  of  a 
child,  who,  with  intent  to  evade  the  provisions  of  this  section,  shall  make 
a  false  statement  concerning  the  age  or  the  employment  of  such  child 
or  the  time  such  child  has  attended  school,  shall  for  such  offense  forfeit 
a  sum  of  not  less  than  three  dollars  nor  more  than  twenty  dollars  for 
the  use  of  the  public  schools  of  the  district. 

§  276.  This  Act  shall  not  be  construed  so  as  to  repeal  or  change,  in 
any  respect,  any  special  Act  in  relation  to  schools  in  cities  having  a 
population  of  fewer  than  100,000  inhabitants,  or  cities,  townships  or 
districts,  except  that  in  every  such  city,  township  or  district  the  limit 
of  taxation  for  educational  and  building  purposes  shall  be  the  same  as 
that  fixed  in  section  189  of  this  Act;  and  except  that  it  shall  be  the  duty 
of  the  several  boards  of  education  or  other  officers  of  any  city,  township 
or  district,  having  in  charge  schools  under  the  provisions  of  any  special 
Act  or  Acts,  on  or  before  the  15th  day  of  July  preceding  each  session 
of  the  General  Assembly  of  this  State,  or  annually,  if  required  so  to  do 
by  the  Superintendent  of  Public  Instruction,  to  report  statistics  and 
other  information  relating  to  schools,  and  the  enumeration  of  persons 
as  required  of  trustees  of  schools  or  directors,  under  the  provisions  of 
this  Act,  or  so  much  thereof  as  may  be  applicable  to  such  city,  township 
or  district,  to  the  county  superintendent  of  the  county  in  which  such 
city,  township  or  district  is  situated;  nor  shall  it  be  lawful  for  the 
county  superintendent,  or  any  other  officer  or  person,  to  pay  over  any 
portion  of  the  common  school  fund  to  any  local  treasurer,  school  agent, 
clerk,  board  of  education  or  other  officer  or  person  of  any  city,  town- 
ship or  district,  unless  a  report  of  the  number  of  persons,  and  other  sta- 
tistics relating  to  schools,  arid  such  other  information  as  may  be  required 


72 

by  the  trustees  of  schools  or  school  directors,  and  other  school  officers 
and  teachers,  under  the  provisions  of  this  Act,  shall  have. been  filed  with 
the  superintendent  of  the  proper  county. 

§  227.  An  Act  to  establish  and  maintain  a  system  of  free  schools, 
approved  May  21,  1889,  as  amended,  is  hereby  repealed. 

§  278.  WHEREAS,  An  emergency  exists,  this  Act  shall  take  effect, 
from  and  after  its  passage. 

APPROVED  June  12,  1909. 


FEES  AND  SALARIES. 

AN  ACT  concerning  fees  and  salaries,  and  to  classify  the  several  coun- 
ties of  this  State  with  reference  thereto. 

§  27.  County  superintendents  elected  hereafter  shall  receive  for  their 
services  in  counties  which,  according  to  the  census  of  1900,  contained 
a  population  not  exceeding  12,000,  $1,250  per  annum;  in  counties  which, 
according  to  the  census  of  1900,  contained  a  population  of  more  than 
12,000  and  not  exceeding  20,000,  $1,500  per  annum;  in  counties  which, 
according  to  the  census  of  1900,  contained  a  population  of  more  than 
20,000  and  not  exceeding  28,000,  $1,800  per  annum;  in  counties  which, 
according  to  the  census  of  1900,  contained  a  population  of  more  than 
28,000  and  not  exceeding  36,000,  $2,000  per  annum;  in  counties  which, 
according  to  the  census  of  1900,  contained  a  population  of  more  than 
-36,000  and  not  exceeding  50,000,  $2,250  per  annum;  in  counties  which, 
according  to  the  census  of  1900,  contained  a  population  of  more  than 
50,000  and  not  exceeding  75,000,  $2,500  per  annum;  in  counties  which, 
according  to  the  census  of  1900,  contained  a  population  of  more  than 
75,000  and  not  exceeding  100,000,  $2,750  per  annum,  and  in  counties 
which,  according  to  the  census  of  1900,  contained  a  population  of  more 
than  100,000,  $7,500  per  annum,  payable  quarterly  from  the  State 
School  Fund :  Provided,  however,  that  the  board  of  supervisors  or  board 
of  county  commissioners  may  allow  additional  compensation  for  such 
services,  payable  quarterly  from  the  county  treasury.  The  Auditor  in 
making  his  warrant  to  any  county  for  the  amount  due  it  from  the  State 
School  Fund,  shall  deduct  from  it,  the  several  amounts  for  which  war- 
rants have  been  issued  to  the  county  superintendent  of  said  county,  since 
the  preceding  apportionment  of  the  State  School  Fund. 
APPROVED  June  12,,  1909. 


HUMANE  INSTRUCTION. 

AN  ACT  to  provide  for  moral  and  humane  education  in  the  public  schools 

and  to  prohibit  certain  practices  inimical  thereto. 

SECTION  1.  Be  it  enacted  ~by  the  People  of  the  State  of  Illinois  rep- 
resented in  the  General  Assembly:  That  it  shall  be  the  duty  of  every 
teacher  of  a  public  school  in  this  State  to  teach  to  all  the  pupils  thereof 
honesty,  kindness,  justice  and  moral  courage  for  the  purpose  of  lessen- 
ing crime  and  raising  the  standard  of  good  citizenship. 


74 

§2.  In  every  public  school  within  this  State  not  less  than  one-half 
hour  of  each  week,  during  the  whole  of  each  term  of  school,  shall  be  de- 
voted to  teaching  the  pupils  thereof  kindness  and  justice  to  and  humane 
treatment  and  protection  of  birds  and  animals,  and  the  important  part 
they  fulfill  in  the  economy  of  nature.  It  shall  be  optional  with  each 
teacher  whether  it  shall  be  a  consecutive  half-hour  or  a  few  minutes 
daily,  or  whether  such  teaching  shall  be  through  humane  reading,  daily 
incidents,  stories,  personal  example  or  in  connection  with  nature-story. 

§  3.  No  experiment  upon  any  living  creature  for  the  purpose  of 
demonstration  in  any  study  shall  be  made  in  any  public  school  of  this 
State.  No  animal  provided  by,  nor  killed  in  the  presence  of  any  pupil 
of  a  public  school,  shall  be  used  for  dissection  in  such  school,  and  in 
no  case  shall  dogs  or  cats  be  killed  for  such  purposes.  Dissection  of 
dead  animals,  or  any  parts  thereof,  shall  be  confined  to  the  class  room 
and  shall  not  be  practiced  in  the  presence  of  any  pupil  not  engaged  in 
the  study  to  be  illustrated  thereby. 

§  4.  The  Superintendent  of  Public  Instruction  of  this  State  and  the 
committee  in  charge  of  preparing  the  program  for  each  annual  meeting 
of  the  Illinois  State  Teachers'  Association  shall  include  therein  moral 
and  humane  education.  The  superintendent  of  schools  of  each  county 
and  of  each  city  shall  include  once  each  year  moral  and  humane  educa- 
tion in  the  program  of  the  teachers'  institute  which  is  held  under  his  or 
her  supervision. 

§  5.  The  principal  or  teacher  of  each  public  school  shall  state  briefly 
in  each  of  his  or  her  monthly  reports  whether  the  provisions  of  this  Act 
have  been  complied  with  in  the  school  under  his  or  her  control.  No 
teacher  who  knowingly  violates  any  provision  of  sections  1,  2  or  3  of 
this  Act  shall  be  entitled  to  receive  more  than  95  per  cent  of  the  public 
school  moneys  that  would  otherwise  be  due  for  services  for  the  month 
in  which  such  provision  shall  be  violated.  This  Act  shall  apply  to  com- 
mon schools  only  and  shall  not  be  construed  as  requiring  religious  or 
sectarian  teaching. 

APPROVED  June  14,  1909. 


SCHOOL  TEXT  BOOKS. 

AN  ACT  in  relation  to  the  adoption,  use  and  price  of  public  school  text 

books  in  the  free  public  schools  of  this  State. 

SECTION  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois  rep- 
resented in  the  General  Assembly:  That  the  publisher  of  any  text 
book  who  desires  to  offer  the  same  for  sale  for  use  in  the  public  schools 
of  this  State  shall  file  two  official  sample  copies  of  said  text  book  in  the 
office  of  the  Superintendent  of  Public  Instruction,  together  (/ith  the  list 
price  and  the  wholesale  and  retail  prices  at  which  the  said  text  book  is 
to  be  offered  for  sale  in  this  State.  The  said  publisher  shall  also  file 
with  the  Superintendent  of  Public  Instruction  a  written  agreement  to 
furnish  said  text  book  at  the  wholesale  price  so  filed  to  the  directors  of 
any  public  school  district,  or  to  any  board  of  education,  or  to  any  mer- 


75 

chant,  or  dealer,  and  at  the  retail  price  so  filed  to  any  patron  of  the 
public  schools;  the  said  written  agreement  shall  contain  the  further 
guarantee  that  all  books  offered  for  sale  and  sold  in  this  State  shall 
correspond  to  the  official  sample  copies  deposited  with  the  Superintend- 
ent of  Public  Instruction,  and  shall  be  equal  in  quality  to  said  official 
sample  copies  as  regards  text,  paper,  binding,  printing,  illustration  and 
all  other  points  affecting  the  educational  and  commercial  value  of  said 
text  books.  For  every  text  book  deposited  with  the  Superintendent  of 
Public  Instruction,  the  publisher  shall  pay  to  the  State  treasury  a  fee 
of  $10.00,  to  constitute  a  fund  to  be  used  by  the  Superintendent  of  Pub- 
lic Instruction  to  defray  the  expenses  of  printing  and  distributing  lists 
of  accredited  text  books  and  information  relating  thereto,  and  for  other 
expenses  incident  to  the  filing  and  listing  of  text  books,  and  the  licens- 
ing of  publishers,  as  hereinafter  provided:  Provided,  always,  that  the 
Superintendent  of  Public  Instruction  shall  not  in  any  case  license  any 
publisher,  and  no  directors  of  any  school  district  or  any  board  of  educa- 
tion shall  contract  with  any  publisher  or  publishers  for  the  furnishing 
of  any  public  school  text  book  or  text  books  which  shall  be  sold  at  retail 
prices  to  patrons,  for  use  in  the  public  schools  in  this  State,  at  a  price 
or  prices  above,  or  in  excess  of,  the  following  prices,  which  shall  include 
all  charges  whatsoever: 

Primer  fifteen   (15)  cents 

First  reader fifteen   (15)  cents 

Second  reader  twenty  (20)  cents 

Third  reader  twenty-five  (25)  cents 

Fourth  reader thirty  (30)  cents 

Fifth  reader thirty-five  (35)   cents 

Spelling  book fifteen   (15)   cents 

Elementary  arithmetic   thirty   (30)  cents 

Complete  arithmetic forty-five   (45)  cents 

Elementary  geography   thirty-five    (35)   cents 

Elementary  English   grammar    twenty-five   (25)   cents 

Slementary  English  grammar  twenty-five  (25)  cents 

Complete  English  grammar   forty   (40)   cents 

Complete  physiology  fifty  (50)   cents 

Elementary  United  States  history forty  (40)   cents 

Complete  United  States  history  seventy  (70)  cents 

Physical  geography  eighty  (80)  cents 

Copy  book five  (5)  cents 

Civics  book  fifty  (50)  cents 

§  2.  At  the  time  of  the  filing  by  the  publisher  of  the  official  sample 
copies,  prices,  agreements  and  statements  provided  for  in  the  preceding 
section,  the  said  publisher  shall  file  at  the  office  of  the  Superintendent 
of  Public  Instruction  a  sworn  statement  to  the  effect  that  he  has  no 
understanding,  agreement  or  arrangement  of  any  kind  whatsoever  with 
any  other  publisher, .  or  any  interest  in  the  business  of  any  other  pub- 
lisher, with  the  effect,  design,  or  intent  to  control  the  prices  of  school 
text  books  or  to  restrict  competition  in  the  adoption  or  sale  thereof  in 
this  State.  Before  having  the  authority  to  sell  text  books  in  this  State 
the  publishers  thereof  shall  file  at  the  office  of  the  Superintendent  of 
Public  Instruction  a  sworn  statement  showing  the  ownership  of  said 
publishing  house,  with  the  interest,  names  and  addresses  of  all  owners 


76 

or  persons  interested  therein,  and  specifically  stating  whether  said  pub- 
lisher, or  the  owner  of  any  interest  or  share  or  the  recipient  of  any  of 
the  profits  of  such  publishing  house  is  the  owner  of  any  interest  or  share 
in  or  the  recipient  of  any  profits  of  any  other  publishing  house,  and  if 
so,  giving  the  name  and  address  thereof. 

§  3.  When  any  school  text  book  has  been  deposited  with  the  Super- 
intendent of  Public  Instruction,  the  fee  paid,  the  agreement  made,  and 
the,  other  provisions  of  this  Act  complied  with,  said  publisher  shall  file 
with  the  Superintendent  of  Public  Instruction  a  bond  in  the  penal  sum 
of  five  thousand  dollars  ($5,000),  guaranteeing  a  compliance  with  the 
agreement  filed  with  said  text  book,  and  the  payment  of  any  damages 
which  may  accrue  on  the  violation  thereof,  and  the  Superintendent  of 
Public  Instruction  shall  thereupon  cause  the  said  text  book  to  be  entered 
upon  the  list  of  school  text  books  permitted  to  be  used  in  the  pub- 
lic schools  of  the  State,  and  the  Superintendent  of  Public  Instruc- 
tion shall  further  issue  a  license  to  the  said  publisher  to  sell  said  text 
book  for  use  in  the  public  schools  of  this  State.  If  in  any  case  the  said 
publisher  shall  violate  in  any  particular  the  agreement  so  filed  with 
the  said  text  book,  or  shall  furnish  books  inferior  in  quality  to  the  sam- 
ple deposited  with  the  Superintendent  of  Public  Instruction,  or  shall 
demand,  charge  or  accept  higher  prices  than  the  prices  agreed  upon,  said 
publisher  shall  be  liable  for  each  such  act  to  a  penalty  in  the  sum  of 
$2,000,  to  be  recovered  in  a  suit  on  said  bond  brought  by  the  Attorney 
General  in  the  name  of  the  State. 

§  4.  If  at  any  time  any  publisher  of  school  text  books  shall  enter  into 
any  pool,  understanding,  agreement  or  combination  to  control  the  prices, 
or  restrict  competition  in  the  adoption  or  sale  of  public  school  text  books 
in  this  State,  or  if  the  statements  required  of  and  made  by  said  publisher 
are  untrue  in  any  matter,  or  if  said  publisher,  or  his  agent,  or 'represen- 
tative shall  give,  or  offer  to  give  directly  or  indirectly,  to  any  public 
school  officer,  or  teacher,  any  money,  gift,  property,  position,  remunera- 
tive work,  or  favor  of  any  kind  whatsoever  to  induce  the  adoption  or 
purchase  of  the  public  school  text  books  of  said  publisher,  or  to  bring 
about  the  rejection  of  the  school  text  books  of  another  publisher,  then 
his  license  shall  be  revoked  by  the  Superintendent  of  Public  Instruction, 
and  his  school  text  books  omitted  from  the  list  of  licensed  school  text 
books,  and  all  contracts  with  said  publisher  may  be  nullified  at  the  option 
of  the  other  parties  thereto. 

§  5.  The  Superintendent  of  Public  Instruction  shall  during  the 
month  of  February  each  year  furnish  each  county  superintendent  of 
schools  and  each  board  of  school  directors  and  board  of  education  in  the 
State  a  list  of  the  publishers  who  have  conformed  to  the  requirements 
of  this  Act,  with  a  list  and  description  of  the  school  text  books  which 
have  been  accredited,  with  the  list  prices,  and  the  wholesale  and  retail 
prices  of  said  books.  Before  entering  into  any  contract  with  any  board 
of  education  or  board  of  directors,  the  publishers  shall  furnish  the 
county  superintendent  of  schools  and  the  secretary  of  the  board  of  edu- 
cation or  board  of  directors  in  whose  jurisdiction  the  contract  is  sought 
with  a  duplicate  printed  list  of  the  school  text  books  filed  by  him  with 
the  Superintendent  of  Public  Instruction,  together  with  the  list  of  prices 


77 

and  the  lowest  wholesale  and  retail  prices  shown  on  the  statement  filed 
therewith,  with  samples  of  the  school  text  books  in  said  list  referred  to 
and  said  lists  and  samples  shall  be  preserved  as  a  part  of  the  records  of 
the  secretary  of  the  said  board  of  education  or  board  of  directors,  together 
with  the  bid  of  the  publisher,  to  be  delivered  by  the  secretary  to  his 
successor,  and  shall  be  kept  in  such  safe  and  convenient  manner  as  to  be 
at  all  times  open  to  the  inspection  of  school  officers,  school  teachers,  and 
school  patrons  who  may  desire  to  examine  the  same,  or  to  compare  them 
with  others.  The  board  of  education  or  board  of  directors  may  require 
any  person  or  persons  with  whom  they  may  contract  for  furnishing  text 
books  to  enter  into  a  good  and  sufficient  bond,  in  such  sum  and  under 
such  conditions  and  sureties  as  may  be  required  by  such  board,  for  the 
faithful  performance  of  any  such  contract. 

§  6.  Before  adopting  for  use  in  the  public  schools  under  their  respec- 
tive jurisdictions  any  school  text  books  under  the  provisions  of  this 
Act,  it  shall  be  the  duty  of  each  board  of  education  or  board  of  directors 
to  advertise  for  bids  by  publishing  a  notice  once  a  week  for  three  con- 
secutive weeks  in  one  or  more  newspapers  of  general  circulation  published 
in  the  city  or  district;  said  notice  shall  state  the  time  up  to  which  said 
bids  will  be  received,  the  time  at  which  they  will  be  opened,  which  must 
be  at  an  open  meeting  of  the  board  of  education  or  board  of  directors; 
said  notice  shall  also  state  the  classes  and  grades  for  which  the  text 
books  are  to  be  bought,  and  the  approximate  quantity  needed;  and  the 
said  board  shall  award  the  contract  for  said  text  books  to  any  respon- 
sible bidder  or  bidders  offering  suitable  licensed  text  books  at  the  lowest 
prices,  taking  into  consideration  the  quality  of  the  material  used,  illus- 
trations, binding,  printing,  authorship,  and  all  other  things  that  go  to 
make  up  a  desirable  text  book :  Provided,  that  the  said  board  may  reject 
any  and  all  bids,  or  any  part  thereof,  and  re-advertise  therefor,  as  above 
provided. 

§  7.  It  shall  be  a  part  of  the  terms  and  conditions  of  every  contract 
made  in  pursuance  of  this  Act  that  the  State  of  Illinois,  or  any  board  of 
education  or  directors,  shall  not  be  liable  to  any  contractor  hereunder 
for  any  sum  whatever;  but  all  such  contractors  shall  receive  their  com- 
pensation solely  and  exclusively  from  the  proceeds  of  the  sale  of  the 
books,  as  provided  by  this  Act. 

§  8.  Any  publisher,  merchant,  dealer  or  other  person  or  persons  who 
shall  directly  or  indirectly  demand  or  receive  any  money  for  any  school 
text  book  or  books  in  excess  of  the  prices  for  such  book  or  books  filed 
with  the  Superintendent  of  Public  Instruction,  as  hereinbefore  provided, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  fined  in  any  sum  not  less  than  twenty-five  nor  more  than  five 
hundred  dollars,  to  which  may  be  added  imprisonment  in  the  county 
jail  for  a  term  not  exceeding  sixty  days. 

§  9.  Text  books  shall  not  be  changed  more  often  than  once  in  five 
years.  Text  books  shall  not  be  changed  in  the  middle  of  a  school  year, 
but  all  changes  shall  go  into  effect  at  the  beginning  of  the  first  term 
of  school  after  the  summer  vacation. 


78 

§  10.  In  the  adoption  of  school  text  books,  it  shall  be  the  duty 
of  the  .board  of  education  or  the  board  of  directors  to  take  into  consider- 
ation the  text  books  then  in  use  in  the  public  schools  in  their  respective 
districts,  and  in  making  contracts  for  a  change  of  books  they  shall 
require  publishers  or  contractors  to  take  up  in  part  exchange  the  books 
then  in  use  for  at  least  fifty  per  cent  of  the  original  price  paid  by  the 
pupil  for  the  books. 

FILED  June  16,  1909. 


INDEX. 


ACCOUNTS—                                                                                                                    Page.  Sec. 

Of    superintendents 6  10 

Of   township   treasurers    - 21  70 

Examined   by   county   superintendents 8  15 

Statement    of    : 24  82 

Subject   to   inspection 21  70 

With   school   districts 23  79 

ACTIONS,  CIVIL— 

Against  collectors  of  taxes 53  194 

County  board  56  207 

Purchaser  of  school  lands 61  231 

Township  treasurer  66  250 

Township  trustees  6  12 

To  recover  interest. .  / 23  74 

ACTIONS,   CRIMINAL— 

Against   school    officers 67  257 

ADVERTISEMENTS — 

Sale  of  school  houses 13  40 

Lands    61  229 

Sites 13  40 

AGE— 

Compulsory  school    70  274 

Kindergarten    school 34  115 

School 32  114 

APPARATUS— 

May  be  purchased,  when 33  115 

APPEALS— 

From  county  superintendent 10  17 

From  trustees  of  schools 17  55 

APPORTIONMENT — 

By  auditor 57  211 

By  county  superintendent • 7  14 

By  trustees  of  schools .  12  35 

APPRAISERS— 

Appointed,   when    19  65 

ASSESSOR— 

To  designate  number  of  district 53  192 

ASSISTANT— 

Appointment  of   9  16 

Compensation  of 56  207 

ASSOCIATION,    STATE   TEACHERS'— 

Proceedings    of    . 69  272 


80 

Page.  Sec, 
AUDITOR   OF  PUBLIC   ACCOUNTS— 

To    apportion    funds 57  211 

To    issue    patent 62  23& 

To    issue    warrants 57  212 

To   withold   funds,   when 5  4 

BOARD    OF   EDUCATION— 

Conveyances  made   on   written    lequest 37  127 

Duties    of 36  127 

Election    of    35  123 

How    conducted    35  126 

When    held    30  106 

Notice    of    election 30  107 

Failure   to   give 31  107 

Powers   of    36  127 

When   exercised    31  111 

Yeas  and  nays,   when  necessary 31  112 

BOARD   OF  EDUCATION,    CHICAGO — 

Appointment    of    37  12$ 

Duties    of    38  134 

Eligibility 37  129 

Powers  of 38  133 

Powers  of,  the  council  concurring 37  132 

President  of,  appointed 37  130 

Secretary   of,   appointed 37  130 

BOARD  OF  EDUCATION,  TOWNSHIP — 

Election   of    25  86 

Organization  of 25  86 

Powers  of    27  91 

Vacancy   in   25  86 

BONDS,   OFFICIAL— 

Superintendent's,    county    5  6 

Approval  of 5  6 

Custodian  of    6  6 

Form  of 5  6 

Superintendent's,    State 3  2 

Approval  of 

Custodian  of   3  2 

Treasurer's,   township 20  68 

Approval  of 20  6S 

Custodian   of 20  68 

Form   of 20  68 

BONDS.   SCHOOL — 

Election   for    54  19* 

How   conducted 54  199 

Notice   of  election 54  198 

Form   of    54  198 

Poll-book 54  200 

Return    of 54  200 

Refunding     55  201 

Registration     54  196 

BOUNDARIES,    DISTRICT— 

How  changed 14 

In    certain    districts 15  4S 

BRANCHES  OF  STUDY— 

Prescribed   by   directors 32 

Required  by  statute 49  17^ 


81 

CENSUS,  SCHOOL—  Pag6'  SeC' 

By  directors    13  35 

By  county  superintendent 6  12 

By  trustees  of  schools 13  35 

CERTIFICATES,   COUNTY — 

Age  of  applicant 43  176 

Essential,    when    48  176 

Examination  for,  when  held 49  igo 

Fee   for  examination 49  igo 

Transmitted  to  county  treasurer 49  132 

Form    of    48  178 

Record  of 9  15 

Renewal    of    49  173 

Revocation  of 49  173 

CERTIFICATES,  STATE— 

Examination  for    48  177 

Registration  fee   48  177 

Suspension  of   4  3 

Valid   when   and   where 48  177 

CERTIFICATE   OF  LEVY — 

Form  of 52  190 

Return    of 52  190 

CHARTER  DISTRICTS.    SPECIAL— 

Annual    reports    of 71  276 

Boundaries    changed,    how 15  48 

Discontinued,    how    15  51 

Elections  in,  when  held «o  12b 

Funds   of,    how  invested 22  72 

Referred  to 30  103 

Referred  to 35  124 

Reports    of 71  276 

Revenues   of 71  276 

CHILDREN— 

Crippled,    classes    for 33  115 

Deaf,    classes   for 33  115 

CLERK,  DISTRICT — 

Appointed    1 31  110 

Compensation     33  115 

Duties    31  112 

Report  of 32  113 

COLLECTOR,  COUNTY — 

Duty  to  notify  directors 58  214 

To  pay  auditor's  order 57  211 

COLLECTOR,   TOWN— 

Duty  to  pay  taxes,  when 53  193 

Liability .  53  194 

COLLEGES — 

Duty  to  make   report 5  4 

COLORED  CHILDREN— 

Exclusion   of,    penalty    for 68  261 

Intimidation    of,    penalty    for 68  262 

COMPENSATION— 

Assistant   superintendent    56  207 

County    superintendent    : 73  27 

District  clerk   33  115 

Other  officers 69  266 

Township  treasurer    21  69 

-6  S  L 


Page.  Sec. 
COMPULSORY  ATTENDANCE   LAW— 

Age   of  child  subject   to 70  274 

Exemptions    70  274 

Truant   officer    appointed 70  275 

Duties    of    71  2715 

Penalty    for    violation    of 70  274 

CONDEMNATION— 

Lands    for    sites 35  120 

By  board  of  education 35  120 

By    board   of    education 36  127 

CONTRACTS— 

Penalty    for    interest   in 67  255 

COSTS— 

Generally 69  267 

COUNTY  BOARD— 

Duties    of 56  207 

Liability    of    56  207 

Powers    of    56  208 

Vacancy  filled  by 57  209 

COUNTY  CLERK — 

Duties   of    55  202 

First  election  of  trustees,  notice  of 11  23 

COUNTY  FUND — 

Final    distribution    of 58  215 

COUNTY  SUPERINTENDENT — 

Appeals  from  decisions  of  trustees 17  55 

Apportionment    of    funds 7  14 

Approval  of  treasurer's  bond 7  13 

Bond  of 5  6 

Compensation    of 73  27 

Correction  in  defects  in  boundaries  by 9  16 

Duties    of    7  15 

Election  of   5  5 

Liability    of    67  257 

Opinions    in    controversies 10  17 

Powers    of    ', 9  16 

Removal    of 57  208 

Report,   annual 6  7 

Vacancy   in   office   of 57  209 

CRIPPLED  CHILDREN— 

Classes    for    33  115 

DEAF  CHILDREN— 

Classes   for 33  115 

DEBT,    BONDED— 

Apportioned,    how 18  59 

DIRECTORS,   SCHOOL — 

A  body  corporate 30  104 

Annual    report    32  113 

Apparatus,  may  purchase,  when 33  115 

Donations   for  sectarian  purposes 68  263 

Duties   of    32  11 4 

Election   of    ." 30  106 

Eligibility 30  105 

Meetings,    regular   and   special 31  111 

Liability   of    67  255 

Official   business   transacted,   when 31  111 

Orders     .  34  116 


83 

Page.  Sec. 
DIRECTORS,   SCHOOL—  Concluded. 

For  wages   of  teacher 34  ng 

Not  paid  for  want  of  funds 24  81 

Organization    of    31  no 

Powers  of 33  115 

Quorum   of    '. .  . 31  111 

Rules   and   regulations   of 32  114 

Vacancy     30  106 

Yeas  and  nays  necessary,   when 31  112 

DISTRICT,  SCHOOL — 

Boundaries,    how    changed 14  40 

Corrected,    by    county    superintendent 9  16 

In    certain    cases ' 15  45 

Dissolved,    how   and   when . 15  49 

Funds   of    14  41 

List  of  taxpayers   of 18  58 

Map  of 18  58 

Numbered   by   county  superintendent 9  15 

By   county   clerk 55  205 

DISTRICTS,  SPECIAL  CHARTER— 

Annual    reports    of 71  276 

Boundaries   changed,   how 15  48 

Discontinued,    how    15  51 

Elections  in,  when  held 36  126 

Funds   of,   how  invested 22  72 

Referred  to    30  103 

Referred   to 35  124 

Reports    of 71  276 

Revenue    of    71  276 

DONATIONS— 

For  school  purposes 13  39 

For   sectarian    purposes 68  263 

EMINENT  DOMAIN— 

By   school   directors 35  120 

By  board  of  education 36  127 

EXECUTIONS— 

Generally     66  25 

EXPULSION  OF  PUPILS— 

By  board  of  directors 33  115 

By   board   of   education 33  115 

FINES  AND  FORFEITURES— 

Collection  of    63  240 

Distributed   annually   7  14 

Paid  to  county  superintendent 63  238 

Penalty  for  failure  to  pay 64  242 

Report   of    ....  63  241 

Penalty  for  failure  to  report 64  243 

FLAGS,  UNITED  STATES— 

Furnished   by    school    directors 33  115 

FORMS— 

Of  bond   of  county  superintendent 5  6 

Of  bond  of  township  treasurer 20  68 

Of   mortgage    22  73 

Of    register    50  185 

Of  schedule 51  186 

Of   school   orders , 34  116 

Of   tax    levy   certificate 52  190 

Of   teacher's   certificate 48  178 


84 

Page.  Sec. 
FUNDS,  SCHOOL— 

Apportionment    of   by    auditor 57  211 

By  county  superintendent 7  14 

By  trustees   of  schools 12  35 

Common,    consists    of   what.  , 57  210 

District,    custodian    of 21  71 

Permanent,    consists   of   what 58  216 

FURNITURE— 

May    purchase 36  127 

Revenue   for    52  189 

GRADUATES— 

Of   county   normal    schools 48  176 

Of   the   eighth   grade 46  167 

HIGH  SCHOOL,  TOWNSHIP— 

Board    of    education    of 25  86 

Discontinued,    how    27  92 

Established,    how    25  86 

Petition    for    25  85 

HOLIDAYS,   SCHOOL— 

Legal    school    51  188 

Special,    may    be    granted 33  115 

INSTITUTE — 

Annual    49  181 

Free,    to    whom : 49  181 

Funds  transmitted   to   county   treasurer 49  182 

Registration   fee    '. 49  181 

Teachers   entitled   to   attend 49  183 

INSURANCE — 

In    making    loans 22  72 

INTEREST— 

Order    draws,    when 24  81 

Rate    of    loans 21  72 

JUDGES  OF  ELECTION— 

Of    school    directors 31  108 

Of   trustees  of   schools 11  27 

JUDGMENTS— 

Against    school    officers 66  251 

KINDERGARTENS— 

Established,   how    -.  .  .  .  34  115 

LANDS,   SCHOOL — 

Common,    what    are 58  217 

Leased,    how 59  219 

Sale    of    59  221 

Sale  of  other  lands 14  44 

LIABILITY  OF  SCHOOL  OFFICERS— 

For   conversion   of    funds 67  257 

For    interest    in    contracts 67  255 

For    interest    in    sales 68  260 

For   loss    of    funds 68  264 

LIBRARIES— 

May    be    purchased,    when 33  115 

LOANS— 

Of    township    fund 21  72 

MANUAL  TRAINING — 

May   be    established 28  97 


85 


MEETINGS— 

In  school  houses 

Regular    and    special 3 , 

Semi-annual 12 

MONTH,   SCHOOL— 

Same   as    calendar 51       188 

MORTGAGE — 

Form    of    22          73 

NORMAL,  SCHOOLS,   COUNTY— 

Established,    how 29         98 

Graduate   of    48       17G 

NOTICE  OF  ELECTION — 

In   districts    30       107 

In   townships    11          23 

ORDERS,   SCHOOL— 

Draw   interest,    when 24         81 

Form    of    34        116 

Teachers'    34       118 

ORGANIZATION— 

Of  high  school  board  of  education 25         86 

Of    school    directors 31        110 

Of   trustees   of   schools 12          33 

PARENTAL  SCHOOLS— 

In   certain   cities 40       140 

PENSIONS— 

Teachers' 42       152 

PETITION— 

For   change-  of   boundaries .  14          46 

For  dissolution   of   district 15         49 

For  organization   under  general   law 15          51 

For  sale  of  school  house 13          40 

For  sale   of  school   lands 59 '      224 

For  township  high   school 25          85 

PHYSIOLOGY  AND  .HYGIENE— 

Instruction    in    69       273 

PUPILS— 

Age   of   32       114 

Expulsion   of    33       115 

Suspension  of 33        115 

Transfer  permit    35       121 

QUALIFICATIONS — 

Of    assistant    superintendent 9         16 

Of   school   director , .  30       105 

Of    teachers    48       176 

Of   township   treasurer 20         67 

Of   trustee   of  schools 10         21 

Of    voters 69       268 

QUORUM— 

Of   school    directors 31        m 

Of   trustees   of   schools 12         34 

REGISTER— 

Form   of    50       185 

Return  of   50       185 


86 

REMOVAL  FROM  OFFICE— 

Of    county    superintendent 57  208 

Of  president  of  board  of  trustees 12  33 

Of    school    director 9  IQ 

Of  teacher 33  115 

By  board  of   education 37  127 

Of   township    treasurer 20  67 

REPORT — 

Of    county    superintendent,    annual 6  7 

Of  directors  to  treasurer 32  113 

Of    fines    and    forfeitures 63  241 

Of  institutions   of  learning 5  4 

Of  superintendent  of   public  instruction 4  3 

Of   township  treasurer 13  36 

REVENUE— 

Assessment   not   vitiated,    when 52  190 

Certificate    of    levy 52  190 

Form    of 52  190 

Return    of    52  190 

Collector    of    53  193 

Penalty  for  refusal  to  pay  over -. 53  194 

Computation    of    55  205 

Rates 52  189 

SCHOLARSHIPS— 

Normal    school     46  166 

University     46  170 

SECTARIAN  PURPOSE— 

Appropriations    for,    prohibited 68  263 

SITE,   SCHOOL  HOUSE — 

School   directors   may   select,    when .' 35  119 

Sold,    when     13  40 

Unsuitable,  when    33  115 

.  Vote   of   people   necessary   to   select 35  119 

When  selected  by  board  of  education 36  .127 

SPECIAL  ACTS — 

Abrogated,    how    • 15  51 

Referred   to    30  103 

Referred  to   35  123 

Referred   to   69  269 

Repeals  of   71  276 

SPECIAL   CHARTER   DISTRICTS— 

Annual    reports    of 71  276 

Boundaries    changed,    how 15  48 

Discontinued,  how    15  51 

Elections   in,   when  held 36  126 

Funds  of,  how  invested , 22  72 

Revenues   of    71  276 

SUFFRAGE,   EQUAL — 

Qualifications    for    69  270 

SUPERINTENDENT  OF  PUBLIC  INSTRUCTION— 

Advice    of    8  15 

Appeal    to    10  17 

Certificates    issued   by 48  177 

Concurrence   of   49  181 

Duties    of 3  3 

Election  of  . .              3  1 


87 

Page.  Sec. 

SUPERINTENDENT    OF    PUBLIC    INSTRUCTION — Concluded. 

Funds    withheld    by '. 5  4 

Information   required   by 6  7 

Liability    of    68  260 

May  require  report 71  276 

Powers    of   4  4 

Report   of   3  4 

Reference  to 9  16 

Reference  to    13  36 

Reference  to   13  37 

Reference  to    21  70 

Reference  to 48  176 

Reference  to    69  272 

Reference   to   74  4 

Text    books    filed    with 74  1 

TEACHERS— 

Age   of 48  176 

Certificate,    when   necessary 48  176 

Employment   of 48  176 

Examinations    49  180 

Institutes 49  181 

Attendance    at 49  183 

Orders,    draw   interest,    when 24  81 

Responsible   for  property 50  184 

Register,   duty  to  keep 50  185 

Schedules,   duty  to  make 50  186 

Wages,  when  due  and  payable 34  118 

TEXT-BOOKS,  SCHOOL— 

Adoption   of    77  6 

Changes   of    77  9 

For  children  of  indigent  parents 32  114 

Prescribed   by   school   directors 32  114 

Publisher    of    74  1 

Uniformity    of 32  114 

TOWNSHIP,   SCHOOL — 

Congressional    10  19 

Elections    in     . 10  22 

Fractional    10  19 

Referred  to    60  225 

TRANSFER,  PERMIT  OF— 

For    pupils     35  121 

Tuition   on   account   of 35  121 

TREASURER,   TOWNSHIP — 

Accounts    of    ' 21  70 

Bond    of 20  68 

Clerk   of  board  of  trustees.' 20  67 

Compensation    21  69 

Custodian   of    funds 21  71 

Duties   of 24  82 

Election    of 20  67 

Eligibility   of    20  67 

Liable  in  Civil  Action— 

For  failure  to  perform   duties 65  248 

For  failure  to  perform  duties 65  249 

For  failure  to  perform  duties 66  250 


88 

Page  Sec 
TREASURER,    TOWNSHIP— Concluded. 

Liable  in  Criminal  Action — 

For  conversion   of  funds 67  257 

For   failure   to   report   statistics 65  248 

For   interest   in    sales 68  260 

For   perversion    of    funds 68  263 

Map,   made  and  filed  by 18  58 

Removal    of    20  67 

Resignation   of 25  84 

Statement    of,    annual. 24  82 

Term    of   office 20  67 

TRUANT  OFFICER— 

Appointed,    when 70  275 

Duties    of 70  275 

TUITION— 

For   non-resident   pupils 33  115 

For    pupils    transferred 35  121 

Paid    to    township    treasurer 33  115 

TRUSTEES   OF   SCHOOLS— 

A    body    politic • 10  20 

Accounts  of  treasuFer  examined  by 13  38 

Adjournment    of    rv .'. 16  53 

Appeal    from    17  55 

Apportionment    of    funds 12  35 

Appraisers   appointed   by 19  65 

Clerk   appointed  by 20  67 

Election    of    10  22 

Eligibility 10  21 

Judges   of  election 11  27 

Liability   of    64  244 

Meetings,  concurrent    15  47 

Semi-annual     .  . 12  34 

Special " 12  34 

Organization    of 12  33 

Quorum 12  34 

UNION  DISTRICTS — 

Dissolved,    how    15  49 

Funds    of    32  114 

Funds    of    25  83 

VACANCIES  IN  OFFICE— 

Of   county    superintendent 57  209 

Of   school   director <* 30  106 

Of    township    treasurer 20  67 

Of  trustee  of   schools 11  24 

WAGES,   TEACHERS— 

Payable   monthly    34  118 

WARRANTS— 

Against  and  in  anticipation  of  taxes 34  117 

WOMEN— 

Eligible   to  school  offices 69  269 

YEAR,    SCHOOL 4  3 


THE 


SCHOOL  LAW  OF  ILLINOIS 


ENACTED  BY  THE 


Forty-Seventh  General  Assembly 


CIRCULAR  59 


ISSUED  BY 

FRANCIS  G.  BLAIR 

Superintendent  of  Public  Instruction 


SPRINGFIELD,  ILLINOIS: 

ILLINOIS  STATE  JOURNAL  Co,,  STATB  PRINTERS 

1911 


THE 


SCHOOL  LAW  OF  ILLINOIS 


ENACTED  BY  THE 


Forty-Seventh  General  Assembly 


CIRCULAR  59 


ISSUED  BY 

FRANCIS  G.  BLAIR 

Superintendent  of  Public  Instruction 


SPRINGFIELD,  ILLINOIS: 
ILLINOIS  STATE  JOURNAL  Co.,  STATE  PRINTERS 


CIRCULAR  59. 


FOR   THE   STATE   SCHOOL    FUND. 

AN  ACT  to  provide  for  the  ordinary  and  contingent  expenses  of  the 
State  government  until  the  expiration  of  the 'first  fiscal  quarter  after 
the  adjournment  of  the  next  regular  session  of  the  General  Assembly. 
SECTION  1.    Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:    That  the  following  named  sums,  or  so 
much  thereof  as  may  be  necessary,  respectively,  for  the  purposes  herein- 
after named,  be,  and  are  hereby,  appropriated  to  meet  the  ordinary  and 
contingent  expenses  of  the  State  government,  until  the  expiration  of 
the    first   fiscal   quarter   after   the    adjournment   of   the   next   General 

Assembly : 

#  *  *  *  *  *  * 

Twenty-seventh — To  the  Auditor  of  Public  Accounts,  the  sum  of 
$2,000,000,  annually,  out  of  the  State  School  Fund,  to  pay  the  amount 
of  the  Auditor's  orders  for  the  distribution  of  said  fund  to  the  several 
counties,  and  for  the  payment  of  the  salary  of  county  superintendents 
of  schools  as  now  provided  by  law.  The  Auditor  shall  issue  his  warrants 
to  the  State  Treasurer  on  the  proper  evidence  that  the  amount  distributed 
has  been  paid  to  the  county  superintendents. 

APPROVED  June  10,  1911. 


TRANSFERS    AND   TRANSPORTATION. 

AN  ACT  to  amend  section  121  of  "An  Act  to  establish  and  maintain  a 
system  of  free  schools,"  approved  June  12,  1909. 

SECTION  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:  That  section  121  of  "An  Act  to  estab- 
lish and  maintain  a  system  of  free  schools,"  approved  June  12,  1909,  be 
amended  to  read  as  follows : 

§  121.  Pupils  may  be  transferred  from  one  district  to  another  upon 
the  written  consent  of  a  majority  of  the  directors  of  each  district,  which 
written  consent  shall  be  filed  with  the  treasurer  and  shall  be  evidence 
of  such  consent.  The  duty  of  collecting  the  amount  due  on  account  of 
pupils  transferred  shall  devolve  upon  the  directors  of  the  district  in 
which  the  school  was  taught.  Whenever  the  number  of  children  between 
the  ages  of  6  and  16  years  in  any  district  school  shall  be  fewer  than  six, 
it  shall  be  lawful  for  the  directors  of  such  district  to  arrange  for  the 


transfer  of  pupils  and,  when  necessary,  provide  free  transportation  for 
them  to  a  neighboring  school.  Such  transfer  and  free  transportation 
shall  be  held  to  be  a  compliance  with  paragraph  9  of  section  114  of  this 
Act,  entitling  the  said  district  to  receive  its  share  of  the  funds  distributed 
in  accordance  with  section  35  of  this  Act. 
APPROVED  June  2,  1911. 


PUBLIC    DRINKING    CUPS. 

AN  ACT  to  prohibit  the  use  of  a  common  drinking  cup,  glass  or  other 
utensil  used  for  public  drinking  purposes  in  public  and  private  schools. 
State  educational  institutions  *  *  *  and  in  other  public  places 
in  the  State  of  Illinois. 

SECTION  1.    Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:     That  it  shall  be  unlawful  for  any 
person,   firm  or  corporation,   directly  or   indirectly,   connected   in   any 
public  or  private  school  or  in  any  State  educational  institution 
to  use  or  permit  for  use  a  common  drinking  cup,  glass  or  other  utensil 

used  for  public  drinking  purposes. 

*  *  ***** 

§  3.  No  person,  firm  or  corporation  in  charge  of  or  in  control  of  any 
public  or  private  school,  or  any  State  educational  institution  *  *  * 
shall  furnish  any  drinking  cup,  glass  or  other  utensil  used  for  public 
drinking  purposes  for  public  use,  nor  shall  such  person  or  corporation 
or  institution  use  or  have  for  use  in  or  upon  its  premises  any  such 
common  drinking  cup. 

§  4.  Any  person,  firm  or  corporation  who  shall  violate  any  of  the 
provisions  of  this  Act  shall,  upon  conviction,  be  fined  for  each  offense 
the  sum  of  not  less  than  five  dollars  nor  more  than  fifty  dollars. 

APPROVED  June  5,  1911. 


TOWNSHIP   HIGH    SCHOOL   ELECTIONS. 

AN  ACT  to  amend  sections  85  and  86  of  an  Act  entitled,  "An  Act  to 

establish  and  maintain  a  system  of  free  schools,"  approved  and  in  force 

June  12,  1909. 

SECTION  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:  That  sections  85  and  86  of  an  Act 
entitled,  "An  Act  to  establish  and  maintain  a  system  of  free  schools," 
approved  and  in  force  June  12,  1909,  be  and  the  same  are  hereby 
amended  so  as  to  read  as  follows: 

§  85.  Upon  the  receipt  of  a  petition  signed  by  at  least  50  legal 
voters  of  any  school  township,  it  shall  be  the  duty  of  the  treasurer  to 
give  notice  of  an  election  to  be  held  at  the  next  regular  election  of 
trustees  for  the  purpose  of  voting  "for"  or  "against"  the  proposition  to 
establish  a  township  high  school.  Notice  of  such  election  shall  be  posted 


in  at  least  ten  of  the  most  public  places  throughout  the  township  for 
at  least  ten  days  before  the  day  of  such  regular  election,  and  may  be 
in  the  following  form: 

NOTICE  OF  ELECTION. 

Notice  is  hereby  given  that  on  Saturday,  the    day  of  April, 

19 .  . .  .,  an  election  will  be  held  at for  the  purpose 

of  voting  "for"  or  "against"  the  proposition  to  establish  a  township  high 

school  for  the  benefit  of  township  number ,  range  number '. 

The  polls  will  be  opened  at o'clock  ....  m.,  and  closed  at 

o'clock m. 

A .....B :.. 

Township  Treasurer. 

The  trustees  of  schools  shall  conduct  the  election,  canvass  and  declare 
the  result.  The  ballots  shall  be  in  substantially  the  following  form, 
to-wit : 


Tor  the  establishment  of  a  township  high  school. 

Against  the  establishment  of  a  township  high  school. 

• 

The  voter  shall  make  an  X  or  cross  mark  in  the  square  following  and 
opposite  the  proposition  favored,  and  the  ballot  shall  be  so  counted. 

§  86.  If  a  majority  of  the  votes  cast  shall  be  in  favor  of  establishing 
a  township  high  school  it  shall  be  the  duty  of  the  treasurer  to  call  a 
special  election  on  any  Saturday  within  sixty  days  for  the  purpose  of 
electing  a  township  high  school  board  of  education,  to  consist  of  five 
members,  notice  of  which  election  shall  be  given  for  the  same  time  and 
in  the  same. manner  as  provided  in  the  election  of  trustees  of  schools. 
The  members  elected  shall  determine  by  lot,  at  their  first  meeting,  the 
length  of  term  each  is  to  serve.  Two  of  the  members  shall  serve  for  one 
year,  two  for  two  years-  and  one  for  three  years  from  the  second  Satur- 
day of  April  next  preceding  their  election.  At  the  expiration  of  the 
term  of  office  of  any  member  or  members,  a  successor  or  successors  shall 
be  elected,  each  of  whom  shall  serve  for  three  years,  which  subsequent 
election  shall  be  held  on  the  second  Saturday  in  April.  In  case  of  a 
vacancy  the  board  of  education  shall  call  an  election  without  delay,  to 
be  held  on  any  Saturday.  Within  ten  days  after  their  election  the 
members  of  the  township  high  school  board  of  education  shall  meet  and 
organize  by  electing  one  of  their  number  president,  and  by  electing  a 
secretary.  It  shall  be  the  duty  of  such  high  school  board  of  education 
to  establish,  at  some  central  point  most  convenient  to  a  majority  of  the 
pupils  of  the  township,  a  high  school  for  the  education  of  the  more 
advanced  pupils. 

APPROVED  June  6,  1911. 


The  annual  election  for  the  purpose  of  selecting  members  of  township 
high  school  boards  of  education  must  be  held,  hereafter,  on  the  second 
Saturday  in  April,  and  be  conducted  by  the  township  high  school  board 
of  education.  Elections  to  fill  vacancies  may  be  held  on  any  Saturday. 


TOWNSHIP    HIGH    SCHOOLS. 

'Ax  ACT  to  amend  section  88  of  an  Act  entitled,  "An  Act  to  establish 

and  maintain  a  system-  of  free  schools/'  approved  and  in  force  June 

12,  1909. 

-SECTION  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:  That  section  88  of  an  Act  entitled, 
"An  Act  to  establish  and  maintain  a  system  of  free  schools,"  approved 
and  in  force  June  12,  1909,  be  and  the  same  is  hereby  amended  so  as 
to  read  as  follows : 

§  88.  The  inhabitants  of  any  territory  composed  of  parts  of  adjoin- 
ing townships  may  create  such  territory  into  a  high  school  district  by  a 
petition  signed  by  at  least  50  legal  voters  and  >an  affirmative  vote-  in 
such  territory,  and  may  elect  a  board  of  education  therefor,  as  in  other 
high  school  districts.  When  part  of  a  township  has  been  included  in 
any  high  school  district  pursuant  to  any  of  the  provisions  of  this  Act, 
the  remainder  of  such  township,  not  included  in  any  high  school  dis- 
trict, shall  constitute  a  township  for  high  school  purposes. 

APPROVED  June  5,  1911. 


TOWNSHIP    HIGH    SCHOOL   DISTRICTS. 

AN  ACT  to  authorize  the  organization  of  high  school  districts. 

SECTION  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:  That  any  school  township  that  con- 
tains a  school  district  having  a  population  of  1,000  or  more  and  not 
exceeding  100,000  inhabitants,  whether  operating  under  the  general 
school  law  or  governed  by  virtue  of  a  special  Act,  may  be  organized  into 
a  high  school  district  by  submitting  the  proposition  to  a  vote  of  the 
people  at  a  general  or  special  election. 

§  2.  Upon  receipt  of  a  petition  signed  by  50  or  more  legal  voters 
the  county  superintendent  of  schools  of  the  county  in  which  the  town- 
ship or  the  greater  part  of  the  territory  described  in  the  petition  is  sit- 
uated, shall  forthwith  order  an  election  to  be  held  for  the  purpose  of 
voting  "for"  or  "against"  the  proposition  to  establish  a  township  hi<rh 
school,  by  posting  notices  for  at  least  10  days  in  10  of  the  most  public 
places  throughout  the  township  or  territory,  which  notices  may  be  sub- 
stantially as  follows: 

NOTICE  OF  ELECTION. 

Notice  is  hereby  given  that  on   the 

day  of ,  1 ,  an  election  will  be  held  at 

for  the  purpose  of  voting  "for"  or 


"against"  the  proposition  to  establish  a  township  high  school  for  the 

benefit  of  the  inhabitants  of  township   (or  territory)    

The  polls  will  be  opened  at o'clock m.,  and  closed  at 

o'clock m. 

A B 

•     County  Superintendent 

In  townships  divided  equally  by  county  lines,  the  elections  shall  be  in 
charge  of  the  superintendent  of  schools  of  the  county  in  which  the 
16th  section  is  situate. 

§  3.  The  elections  required  by  this  Act  shall  be  conducted  by  the 
trustees  of  schools,  boards  of  education  or  boards  of  directors,  designated 
by  the  county  superintendent  of  schools,  to  whom  all  returns  shall  be 
made  within  5  days.  The  ballots  shall  be  in  substantially  the  following 
form,  to-wit: 


For  the  establishment  of  a  township  high  school 

Against  the  establishment  of  a  township  high  school 

The  voter  shall  make  an  X  or  cross-mark  in  the  square  following  and 
opposite  the  proposition  favored,  and  the  ballot  shall  be  so  counted. 

§  4.  If  a  majority  of  the  votes  cast  shall  be  in  favor  of  establishing 
a  township  high  school,  the  county  superintendent  of  schools  shall  forth- 
with order  an  election  to  be  held  within  30  days,  for  the  purpose  of 
selecting  a  township  high  school  board  of  education  to  consist  of  a  pres- 
ident and  6  members,  by  posting  notices  for  at  least  10  days  in  10  of  the 
most  public  places  throughout  the  township  or  territory,  which  notice* 
may  be  substantially  as  follows: 

NOTICE  OF  ELECTION. 

Notice  is  hereby  given  that  on ,  the day 

of ,  an  election  will  be  held  at 

for  the  purpose  of  electing  a  township  high  school  board  of  education, 
to  consist  of  a  president  and  6  members.  The  polls  will  be  opened  at 
o'clock m.,  and  closed  at o'clock m. 

A B : 

County  Superintendent. 

Two  of  the  members  shall  be  elected  for  one  year,  two  for  two  years, 
and  two  for  three  years,  and  each  year  thereafter  two  members  shall  be 
elected  to  serve  for  three  years.  The  president  shall  be  elected  annually. 
Ail  subsequent  elections  shall  be  held  on  the  second  Saturday  of  April, 
annually. 

§  5.  For  the  purpose  of  supporting  a  high  school,  the  township  or 
territory  for  the  benefit  of  which  a  high  school  is  established  under  the 
provisions  of  this  Act,  shall  be  regarded  as  a  school  district,  and  the 


8 

board  of  education  thereof  shall,  in  all  respects,  have  the  powers  and 
discharge  the  duties  of  boards  of  education  elected  under  the  general 
school  law. 

§  6.  The  inhabitants  of  any  contiguous  and  compact  territory, 
whether  in  the  same  or  different  townships,  upon  a  petition  signed  by  at 
least  50  legal  voters  and  an  affirmative  vote  in  such  territory,  may  estab- 
lish, in  the  manner  provided  by  this  Act,  a  township  high  school  for  the 
benefit  of  the  inhabitants  of  the  territory  described  in  the  petition. 

§  7.  A  school  district  or  any  part  thereof,  adjoining  a  high  school 
district  organized  pursuant  to  this  Act,  may  be  annexed  to  such  high 
gchool  district  and  become  a  part  thereof,  by  a  concurrent  resolution 
adopted  by  the  boards  in  each  district.  Before  the  resolution  shall  take 
effect,  however,  the  proposition  shall  be  submitted,  under  the  provisions 
of  this  Act,  to  a  vote  of  the  people  of  the  territory  desiring  annexation, 
and  a  majority  of  the  votes  cast  shall  be  required  in  order  to  adopt  such 
resolution. 

APPROVED  June  6,  1911. 


TEACHERS'  PENSION  FUND. 

Aisr  ACT  to  amend  an  Act  entitled,  "An  Act  to  establish  a  system  of  free 
schools"  approved  and  in  force  June  12,  1909,  by  adding  thereto 
fourteen  sections,  to  be  known  as  sections  127a,  1211,  127c,  127d, 
127e,  127f,  127g,  127h,  127i,  127 j,  187k,  1271,  127m  and  127n. 
SECTION  1.    Be  it  enacted  by  the  People  of  the  State  of  .Illinois,  repre- 
sented in  the  General  Assembly:    That  "An  Act  to  establish  and  main- 
tain a  system  of  free  schools,"  approved  and  in  force  June  12,  1909,  be 
and  the  same  is  hereby  amended  by  adding  thereto  fourteen  sections,  to 
be  known  as  sections  127a,  127b,  127c,  127d,  127e,  127f,  127g,  127h, 
127i,  127j,  127k,  1271,  127m  and  127n,  which  shall  read  as  follows: 

§  127a.  The  board  of  education  may  establish  and  maintain  a 
teachers'  pension  and  retirement  fund.  Said  board  of  education  of 
said  district  .shall  cause  to  be  elected  a  board  of  management  for  the 
purpose  of  carrying  out  the  provisions  of  this  Act.  Said  board  of  man- 
agement shall  consist  of  either  three  or  nine  members,  as  said  board  of 
education  shall  determine.  Two-thirds  of  the  membership  of  said  board 
of  management  shall  consist  of  members  of  the  active  teaching  force  of 
said  district,  who  are  contributors  to  said  pension  and  retirement  fund 
and  they  shall  be  elected  by  the  members  of  the  active  teaching  force  of 
said  district  who  are  contributors  to  said  pension  and  retirement  fund, 
in  such  manner  and  for  such  terms,  as  said  board  of  education  shall 
determine.  One-third  of  the  membership  of  said  board  of  management 
shall  consist  of  members  of  the  board  of  education,  to  be  selected  by 
such  board  of  education  for  such  terms  as  said  board  may  determine. 

§  127b.  The  teachers'  pension  and  retirement  fund  shall  consist  of 
moneys  contributed .  by  teachers  desiring  its  benefits  under  the  provi- 
sions of  this  Act;  of  moneys  received  from  donations,  legacies,  gifts, 
bequests  and  otherwise,  and  of  moneys  paid  into  said  fund  in  pursuance 
of  any  law  now  in  force  or  hereafter  enacted. 


f    UMl° 

9 


§  127c.  The  board  of  education  shall  have  charge  of  such  fund  an< 
shall  invest  the  same  in  the  manner  prescribed  by  section  72  of  this 
Act,  and  shall  have  power  to  make  payments  from  such  fund  of  pensions 
and  annuities  granted  in  pursuance  of  this  Act;  and  shall  adopt  such 
by-laws,  rules  and  regulations  for  administering  the  fund  as  it  shall 
deem  advisable. 

§  127d.  Any  person  who  shall  be  employed  to  teach  in  the  public 
schools  of  the  district  after  this  Act  shall  take  effect  shall  be  entitled 
to  the  benefits  of  the  fund  upon  complying  with  the  provisions  of  this 
Act,  and  for  the  purpose  of  this  Act  such  persons  shall  be  divided  into 
the  following  classes : 

First — Those  who  Rave  taught  five  years  or  fewer  than  five  years. 

Second — Those  who  have  taught  more  than  five  years  and  not  more 
than  ten  years. 

Third — Those  who  have  taught  more  than  ten  years  and  not  more 
than  fifteen  years. 

Fourth — Those  who  have  taught  more  than  fifteen  years. 

After  this  Act  shall  .take  effect,  there  shall  be  set  apart  from  the 
salaries  of  all  persons  in  the  employ  of  the  board  of  education  as  teachers, 
$5.00  per  annum  while  they  remain  in  the  first  class;  $10.00  per  annum 
while  they  remain  in  the  second  class;  $15.00  per  annum  while  they 
remain  in  the  third  class,  and  $30.00  per  annum  while  they  remain  in 
the  fourth  class,  which  amounts  shall  be  deducted  by  the  board  of  educa- 
tion in  equal  installments  from  their  respective  ^alaries  at  the  regular 
times  for  the  payment  thereof,  and  be  paid  into  and  constitute  a  part 
of  the  teachers7  pension  and  retirement  fund  of  the  district. 

§  127e.  Teachers  who  become  contributors  to  and  beneficiaries  of  the 
pension  and  retirement  fund,  under  any  provisions  of  this  Act,  may 
count  past  services  as  a  part  of  the. period  of  twenty-five  years  herein- 
after specified,  by  paying  into  the  fund  a  sum  equal  to  that  which  he 
or  she  would  have  contributed  under  the  provisions  of  this  Act,  had  he 
or  she  been  a  regular  contributor  to  said  fund  during  said  period  of 
past  service,  together  with  interest  thereon  at  the  rate  of  4  per  centum 
per  annum  from  the  time  such  payments  would  have  been  made  to  the 
time  such  person  shall,  by  making  such  payment,  become  entitled  to 
the  benefits  of  such  past  service. 

§  127f.  The  board  of  management  slia-ll  adopt  a  resolution  declaring 
the  maturity  of  service  and  right  to  the  immediate  benefits  of  the  fund 
in  favor  of  persons  entitled  to  the  benefits  thereof  in  the  following 
cases : 

First — When  any  such  persons  shall  have  taught  in  the  public  schools 
for  a  period  of  twenty-five  years  within  the  meaning  of  this  Act. 

Second — When  any  contributor  to  the  fund  shall  have  taught  fifteen 
years  in  the  public  schools  within  the  meaning  of  this  Act  and  shall 
have  been  declared  by  three  competent  physician?,  who  have  made  a 
physical  examination  of  the  teacher,  at  the  request  of  the  board  of  man- 
agement, to  be  suffering  from  a  permanent  disability:  Provided,  how- 
ever., that  the  board  of  management  shall  not  declare  any  contributor 
entitled  to  the  immediate  benefits  of  the  fund  until  he  or  she  shall  have 


10 

taught  in  the  public  schools  of  the  district  three-fifths  of  the  term  of 
service  of  twenty-five  or  fifteen  years,  as  the  case  may  be:  And,  pro- 
vided, further,  that  no  person  shall  be  entitled  to  the  benefits  of  the 
fund*  until  he  or  she  shall  have  retired  from  service  as  a  teacher. 

§  127g.  Each  teacher  so  retired  or  retiring  after  twenty-five  years  of 
service  shall  be  entitled  thereafter  to  receive  an  annuity,  of  not  to  exceed 
$400.00,  and  each  teacher  so  retired  because  of  permanent  disability 
after  fifteen  years  of  service  shall  receive  as  an  annual  pension  such 
proportion  of  the  full  annuity  of  $400.00  as  the  sum  contributed  by 
such  teacher  so  retired  bears  to  the  total  contributions  required  for  a 
full  annuity.  Pensions  and  annuities  shall  be  paid  monthly  during  the 
school  year  out  of  the  fund  created  in  accordance  with  the  provisions 
of  this  Act,  in  the  manner  provided  by  law  for  the  payment  of  the 
salaries  of  teachers. 

§  127h.  The  president  and  secretary  of  the  board  of  education  shall 
certify  monthly  to  the  treasurer  all  amounts  deducted  from  the  salaries 
of  teachers,  special  teachers,  principals  and  superintendents,  in  accord- 
ance with  the  provisions  of  this  Act,  which  amounts,  together  with  all 
other  moneys  contributed  to  the  fund,  shall  be  set  apart  and  held  by 
the  treasurer  of  the  district  as  a  special  fund  for  the  purposes  herein 
specified,  and  shall  be  paid  out  on  recommendation  of  the  board  of 
management  upon  warrants  signed  by  the  president  and  secretary  of  the 
board  of  education. 

§  1271.  The  treasurer  of  the  district  shall  be  ex  officio  the  custodian 
of  the  pension  and  retirement  fund  and  shall  hold  the  same  subject  to 
the  control  and  direction  of  the  board  of  education,  in  accordance  with 
the  provisions  of  this  Act.  The  treasurer  shall  keep  his  books  and 
accounts  concerning  such  fund  in  the  manner  prescribed  by  the  board 
of  education  and  his  books  and  accounts  shall  be  subject  to  the  inspec- 
tion of  the  board  or  any  member  thereof.  The  treasurer  shallbe  liable 
on  his  official  bond  for  the  proper  performance  of  his  duties  and  the 
conservation  of  the  fund  created  by  this  Act.  Any  legal  proceedings 
which  may  be  necessary  for  the  enforcement  of  the  provisions  of  this 
Act  shall  be  brought  by  and  in  the  name  of  the  board  of  education  for 
the  use  of  the  pension  and  retirement  fund. 

§  127 j.  If,  at  any  time,  a  teacher  who  is  willing  to  continue  is  not 
reemployed  or  is  discharged  before  the  time  he  or  she  would  be  entitled 
to  a  pension  under  the  provisions  of  this  Act,  then  such  teacher  shall 
be  refunded  the  money  he  or  she  may  have  contributed.  Any  teacher 
who  shall  retire  voluntarily  from  the  service  prior  to  entering  the  fourth 
class  shall  receive  a  refund  of  one-half  the  money  he  or  she  will  have 
contributed. 

§  127k.  All  persons  who  shall  be  employed  as  teachers  by  the  board 
of  education  shall  accept  the  provisions  of  this  Act  by  such  employment, 
and  thereupon  become  contributors  to  the  pension  and  retirement  fund 
in  accordance  with  the  terms  thereof.  And  the  provisions  of  this  Act 
shnll  become  a  part  of  and  enter  into  any  such  contract  of  employment. 

§  1271.  All  pensions  or  annuities  granted  under  the  provisions  of  this 
Act,  and  every  portion  thereof,  shall  be  exempt  from  attachment  or 


11 

garnishment  process,  and  shall  not  be  seized,  taken,  subjected  to,  detained 
or  levied  upon  by  virtue  of  any  execution,  or  any  process  or  proceedings 
whatsoever  issued  out  of  or  by  any  court  in  this  State  for  the  payment 
of  satisfaction  in  whole  or  in  part  of  any  debt,  claim,  damage,  demand 
or  judgment  against  any  pensioner  hereunder,  and  no  annuitant  or  pen- 
sioner shall  have  the  right  to  transfer  or  assign  his  or  her  pension  or 
annuity,  or  any  part  thereof,  either  by  way  of  mortgage  or  otherwise. 

§  127m.  The  treasurer  shall  not  be  entitled  to  retain  any  interest 
accruing  from  the  pension  and  retirement  fund,  but  such  interest  shall 
be  covered  into  such  fund,  become  a  part  thereof  and  be  subject  to  the 
purposes  of  this  Act.  The  treasurer  shall  also  set  aside  annually  all 
interest  accruing  from  the  district  funds  of  the  district,  whether  levied 
for  educational  or  building  purposes,  and  shall  add  such  interest  to  th« 
pension  and  retirement  fund. 

§  127n.  In  any  school  district  where  there  is  not  sufficient  revenue 
to  maintain  a  teachers'  pension  fund  under  the  foregoing  sections,  such 
school  district  may,  by  a  majority  vote, '  establish  a  fund  for  the  retire- 
ment of  teachers  who  are  over  50  years  old  and  who  have  faithfully 
served  such  district  for  twenty-five  years.  The  fund  shall  be  derived 
from  such  revenues  as  may  be  devoted  to  the  purpose  by  the  directors 
of  a  district  or  by  direct  appropriation  by  a  town.  The  amount  of  the 
annual  pension  allowed  to  any  person  under  the  provisions  of  this  section 
shall  not  exceed  one-half  the  annual  compensation  received  by  such 
person  at  the  time  of  retirement  and  in  no  case  shall  exceed  four  hun- 
dred dollars  ($400.00).  • 

APPROVED  June  6,  1911. 


TEACHERS     PENSION    FUND. 

AN  ACT  to  amend  an  Act  entitled,  f(An  Act  to  establish  and  maintain 
a  system  of  free  schools,"  approved  and  in  force  June  12,  1909,  by 
adding  thereto  two  sections  to  be  known  respectively  as  sections  156a 
and  1561. 

SECTION  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:  That  an  Act  entitled,  "An  Act  to 
establish  and  maintain  a  system  of  free  schools,"  approved  and  in  force 
June  12,  1909,  be  and  the  same  is  hereby  amended  by  adding  thereto 
two  additional  sections  to  be  known  as  sections  156a  and  156b,  to  read 
as  follows: 

§  156a.  All  persons  who  have  heretofore  been  contributors  to  a 
public  school  teachers'  pension  and  retirement  fund  of  cities  having  a 
population  exceeding  100,000  inhabitants,  under  any  law  now  in  force 
but  who  have  withdrawn  from  such  participation,  may,  if  they  shall 
exercise  the  option  on  or  before  the  first  day  of  July  in  the  year  of  our 
Lord  one  thousand  nine  hundred  and  twelve,  renew  their  right  to  par- 
ticipation in  a  fund  to  be  created  in  said  city  under  the  provisions  of 
this  Act,  by  paying  into  said  fund  the  full  amount  of  any  moneys  they 
may  have  withdrawn  from  such  previous  fund  and  the  full  amount  they 


12 

would  have  contributed  had  they  not  withdrawn  therefrom  together  with 
interest  thereon  at  the  rate  of  4  per  cent  per  annum  from  the  time  such 
moneys  were  withdrawn  and  from  the  time  such  payments  would  have 
become  due  to  the  date  of  their  acceptance  of  the  provisions  of  this  sec- 
tion; and  thereafter  such  persons  shall  contribute  to  said  fund  upon  the 
same  terms  as  teachers  who  shall  hereafter  be  employed  and  become 
contributors  to  and  beneficiaries  of  said  fund:  Provided,  however,  that 
such  persons  who  shall  be  re-employed  by  said  board  of  education  as 
such  teachers  on  or  after  July  1,  1911,  may,  if  they  shall  exercise  such 
option  within  one  year  after  such  re-employment,  renew  their  right  to 
participation  in  such  fund  upon  the  same  terms  and  conditions  afore- 
said. 

§  l£)6b.  All  teachers  who  are  now  in  the  service  of  the  board  of 
education  of  any  such  city,  other  than  those  described  in  the  previous 
section,  may,  if  they  shall  exercise  the  option  on  or  before  the  first  day 
of  July  in  the  year  of  our  Lord  one  thousand  nine  hundred  and  twelve, 
become  contributors  to  and  beneficiaries  of  the  public  school  teachers' 
pension  and  retirement  fund  created  under  the  provisions  of  this  Act, 
upon  the  same  terms  as  teachers  who  shall  hereafter  be  employed  and 
become  contributors  to  and  beneficiaries  of  said  fund  under  section 
156a  of  this  Act. 

APPROVED  June  6,  1911. 


AN  ACT  to  provide  for  the  contribution  from  public  moneys  to  the  public 
school  teachers'  pension  and  retirement  fund  in  cities  having  a  popu- 
lation exceeding  100,000  inhabitants. 

SECTION  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:  That  the  board  of  education  of  any 
city  having  a  population  exceeding  100,000  inhabitants  shall  have  power 
to  annually  set  aside  and  contribute  to  the  public  school  teachers'  pension 
and  retirement  fund  in  such  city  now  created  or  existing,  or  such  as 
may  be  hereafter  created  pursuant  to  any  law,  a  sum  of  public  money, 
so  that  the  same  when  taken  together  with  the  moneys  added  to  such 
pension  fund  for  that  year  from  interest  on  school  funds  raised  by 
taxation  shall  equal  in  amount  the  aggregate  of  the  sums  set  apart  for 
that  year  and  contributed  to  such  pension  fund  from  the  salaries  of 
the  teachers  in  the  employ  of  the  board  of  education. 
APPROVED  June  5,  1911. 


ONE    MILL    TAX. 

AN  ACT  to  provide  by  Slate  tax  for  a  fund  for  the  support  and  mainte- 
nance of  the  University  of  Illinois. 

SECTION  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:  That  there  shall  be  levied  and  collected 
for  the  year  1912,  and  annually  thereafter,  at  the  same  time  and  in  the 
same  manner  that  State  taxes  are 'collected,  a  one  mill  tax  for  each 


13 

dollar  of  the  assessed  valuation  of  the  taxable  property  of  this  State,  to 
be  paid  into  the  treasury  of  the  State  and  set  apart  as  a  fund  for  the 
use  and  maintenance  of  the  University  of  Illinois. 

§  2.  Such  fund,  when  so  collected,  paid  in  and  set  apart,  shall 
remain  in  the  treasury  of  the  State  until  appropriated  to  the  use  of  the 
said  University  of  Illinois  by  act  of  the  General  Assembly,  in  accordance 
with  section  18,  article  4,  of  the  Constitution  of  this  State. 

APPROVED  June   10,   1911. 


BOARDS    OF    EDUCATION    IN    CERTAIN    DISTRICTS. 

AN  ACT  to  amend  section  1  of  an  Act  entitled,  "An  Act  to  provide  for 

the  election  of  boards  of  education  in  certain  districts,"  approved  May 

15,  1903,  in  force  July  1,  1903. 

SECTION  1.  Be  it  enacted  ~by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:  That  section  one  (1)  of  an  Act  en- 
titled "An  Act  to  provide  for  the  election  of  boards  of  education  in  cer- 
tain districts,"  approved  May  15,  1903,  in  force  July  1,  1903,  be  and 
the  same  is  hereby  amended  to  read  as  follows : 

§  1.  That  in  all  school  districts  in  this  State,  having  a  population 
of  over  35,000  by  the  last  Federal  census,  existing  by  virtue  of  any  special 
charter,  where  the  board  of  directors  or  board  of  education  is  elected  or 
appointed  by  the  common  council  of  the  city,  of  which  school  district  such 
city  may  form  the  whole  or  a  part,  and  where  there  are  no  provisions  in 
the  special  charter  creating  such  school  district,  for  the  election  of-  a 
board  of  directors  or  board  of  education,  there  shall  be  elected  hereafter 
in  each  of  said  school  districts,  in  lieu  of  the  present  governing  body,  a 
board  of  education,  to  consist  of  seven  members  to  be  elected  nt  the  same 
time  and  in  the  same  manner,  as  provided  by  the  general  school  law  for 
the  election  of  boards  of  education  in  school  districts  having  a  population 
of  not  less  than  1,000  and  not  more  than  100,000  inhabitants.  Such 
board  of  education  when  elected  and  qualified,  shall  have  all  the  powers 
of  trustees  of  schools  in  school  townships.  It  shall  also  have  all  the 
powers  of  boards  of  directors,  and  in  addition  thereto,  all  the  powers 
of  boards  of  education  elected  by  virtue  of  the  general  school  law  of  this 
State:  Provided,  however,  that  where  any  such  school  district  shall  lie 
wholly  within  or  partly  within  and  partly  without  any  such  city,  village  or 
incorporated  town  and  said  city,  village  or  incorporated  town,  has  adopted 
or  may  adopt  an  Act  entitled,  "An  Act  regulating  the  holding  of  elec- 
tions and  declaring  the  result  thereof  in  cities,  villages,  and  incorporated 
towns  in  this  State,"  approved  June  19,  1885,  and  in  force  July  1,  1885, 
and  acts  amendatory  thereof,  then  the  board  of  directors  or  board  of 
education  of  such  school  district  shall  locate  the  polling  place  or  places, 
appoint  the  judges  and  clerks  and  otherwise  conduct  the  election  in  that 
portion  or  part  of  the  school  district  that  lies  without  such  city,  village 
or  incorporated  town,,  in  the  manner  now  provided  by  law,  except  as 
hereinafter  provided,  but  no  one  residing  without  such  city,  village  or 


14 

incorporated  town  shall  vote  at  any  polling  place  within,  nor  shall  any 
one  residing  within  vote  at  any  polling  place  without,  and  the  votes  cast 
at  the  polling  place  or  places  without  such  city,  village  or  incorporated 
town,  shall  be  returned,  certified  and  canvassed  as  is  now  provided  by 
law  in  such  cases,  and  in  addition  thereto  a  complete  abstract  of  the  vote 
cast  and  canvassed  shall  be  made,  certified  and  returned  to  the  board  of 
election  commissioners  of  such  city,  village  or  incorporated  town: 
And,  provided,  .further,  that  in  all  that  part  or  portion  of  such  school 
district  that  lies  within  such  city,  village  or  incorporated  town,  and  in 
such  school  district,  when  the  same  lies  wholly  within  any  such  city,  vil- 
lage or  incorporated  town,  the  election  for  such  board  of  directors  or 
board  of  education  shall  be  conducted  by  the  board  of  election  commis- 
sioners of  such  city,  village  or  incorporated  town  and  in  accordance  with 
the  provisions  of  the  said  Act  of  June  19, 1885,  and  the  amendments  there- 
to :  And,  provided,  further,  when  such  school  district  lies  partly  within 
and  partly  without  any  such  city,  village  or  incorporated  town,  the  said 
board  of  election  commissioners  shall  certify  the  returns  received  by  them 
from  the  polling  place  or  places  without  such  city,  village  or  incorporated 
town,  to  the  proper  officer  or  officers;  and  all  the  returns  so  certified  and 
returned  by  the  said  board  of  election  commissioners  shall  be  canvassed, 
together  with  the  returns  certified  from  the  polling  places  within  such 
city,  village  or  incorporated  town,  by  the  same  canvassing  board  and  the 
results  thereof  declared,  and  certificates  of  election  shall  be  issued  thereon 
the  same  as  if  all  such  votes  had  been  cast  in,  certified  and  returned  from 
such  city,  village  or  incorporated  town:  And,  provided,  further,  that 
the  regular  election  for  the  members  of  such  board  of  education  in  any 
such  school  district  lying  -wholly  within  or  partly  within  and  partly 
without  any  such  city,  village  or  incorporated  town,  which  city,  village 
or  incorporated  town  has  adopted  or  may  adopt  said  Act  of  June  19, 
1885,  and  Acts  amendatory  thereof,  shali  be  held  on  the  first  Tuesday 
of  the  month  of  April  of  each  and  every  year  after  the  passage 
of  this  Act:  And,  provided,  further,  that  nominations  of  candi- 
dates for  the  office  of  member  of  said  board  of  education  to  be  voted 
for  at  all  elections  provided  for  in  this  Act  shall  be  made  only  by 
petition  in  like  manner  as  is  provided  for  nominations  of  candidates  by 
petition  for  town  offices  in  counties  under  township  organization  by 
an  Act  entitled,  "An  Act  to  provide  for  the  printing  and  distribution 
of  ballots  at  public  expense,  and  for  the  nominations  of  candidates  for 
public  offices,  to  regulate  the  manner  of  holding  elections,  and  to  enforce 
the  secrecy  of  the  ballot,"  approved  June  22,  1891,  'in  force  July  1, 
1891,  and  Acts  amendatory  thereof;  such  petitions  to  be  addressed  to 
and  filed  in  the  office  of  the  said  board  of  education  of  such  city,  village 
or  incorporated  town,  which  board  may  certify  to  the  said  board  of  elec- 
tion, commissioners  the  petitions  so  filed;  except,  however,  that  such  peti- 
tions for  nominations  at  the  election  which  may  be  held  on  the  fourth 
day  of  April,  1911,  may  be  filed  on  or  before  five  days  before  such  elec- 


15 


tion;  the  said  elections  in  other  respects  to  be  held  under  the  provisions 
of  the  said  Act  of  June  22,  1891,  and  Acts  amendatory  thereof,  so  far 
as  the  same  may  apply  and  may  not  be  inconsistent  with  the  provisions 
of  this  Act. 

§  2.  WHEREAS,  An  emergency  exists,  therefore,  this  Act  shall  take 
effect  and  be  in  force  from  and  after  its  passage. 

APPROVED  March  29,  1911. 


N.Y. 


VERSITY   OF    CALIFORNIA    LIBRARY, 
BERKELEY 


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Si 


75m-8,'31 


